Kerala High Court
Hamnaz vs Najima on 9 September, 2021
Author: V.G.Arun
Bench: V.G.Arun
OP(C) No.1502/2021 1/5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
Thursday, the 9th day of September 2021 / 18th Bhadra, 1943
OP(C) NO. 1502 OF 2021
IA NO.24/2021 IN OS 34/2019 OF SUB COURT, QUILANDY
PETITIONER/1ST RESPONDENT/1ST DEFENDANT:
HAMNAZ, AGED 30 YEARS S/O.MR.NAZAR, BUSINESS, MARIYAS HOUSE,
ULLIYERI POST, KOYILANDY TALUK, KOZHIKODE-673 620.
RESPONDENTS/PETITIONERS AND RESPONDENTS 2 TO 4/PLAINTIFFS, 2ND DEFENDANT AND
3RD PARTY:
1. NAJIMA, AGED 51 YEARS, D/O.UMMER HAJI, BUSINESS, "CRESCENT VILLA"
HOUSE, KUNINGAD POST, PURAMERI, VATAKARA TALUK, KOZHIKODE-673 503.
2. NASIYATH, AGED 38 YEARS, D/O.MAMMU, THANIMA HOUSE, AYANIKKAD (PO),
KOYILANDY-673 521.
3. CHUNDAM PUNATHIL KUNHAMMAD, AGED 40 YEARS, S/O.ALI, IRINGANNUR
(PO), VATAKARA TALUK, KOZHIKODE DISTRICT-673 505.
4. THATTANTAVIDA ASHRAF, AGED 44 YEARS, S/O.KUNHABDULLA, IRINGANNUR
(PO), VATAKARA TALUK, KOZHIKODE DISTRICT-673 505.
5. NADUKKANDY MUHAMMAD ZAKKIR, AGED 50 YEARS, S/O.IBRAHIM, EDAKKULAM
(PO), KOYILANDY, KOZHIKODE DISTRICT-673 306.
6. AAMBICHIKATTIL ABDUL RAZAK, AGED 60 YEARS, S/O.MAHAMOOD,
CHINGAPURAM (PO), ELAMBILAD, KOYILANDY TALUK, KOZHIKODE DISTRICT-673
524, REPRESENTED BY POWER OF ATTORNEY HOLDER HAMEED.
7. P.K.ASHRAF, AGED 54 YEARS, S/O.MOIDU, ANKHAMAR, PERINGATHUR (PO),
PULIYAMBRAM, THALASSERY TALUK, KANNUR DISTRICT-670 675.
8. PUTHANPURAYIL ABDULLA, AGED 59 YEARS, S/O.MUHAMMAD, MAYYANNUR(PO),
VILLIAPPALLY, VATAKARA TALUK, KOZHIKODE DISTRICT-673 106.
9. KUNNANGAD PATHY, AGED 68 YEARS, W/O.A.P.MOOSA HAJI, KUNNANGAD
HOUSE, VILLIAPPALLI AMSOM, THIRUMANA DESOM, VILLIAPPALLI P.O.,
VATAKARA TALUK, REPRESENTED BY HUSBAND AND POWER OF ATTORNEY HOLDER
A.P.MOOSA HAJ, S/O.AMMAD, 73 YEARS, KUNNANGAD HOUSE, VILLIAPPALLI
AMSOM, THIRUMANA DESOM, VILLIAPPALLI P.O., VATAKARA TALUK,
KOZHIKODE-673 106.
10. C.K.V.YOOSAF, AGED 62 YEARS, S/O.MAMMU, HASHIGHAR, IRINGAL AMSOM,
DESOM, IRINGAL P.O., VATAKARA-673 521.
11. MR.HASHIM.K.V., AGED 49 YEARS, S/O.MR.ABDULLA, BUSINESS, KALARI
VALAPPIL HOUSE, MOODADI DESOM, KOYILANDY TALUK, KOZHIKODE
DISTRICT-673 301.
12. MUHAMMAD SARBAS, S/O.ASHRAF, KIZHAKKE VALAPPIL, MARANNATH HOUSE,
PANTHALAYANI AMSOM, DESOM, KOYILANDY TALUK, KOZHIKODE-673 305.
13. AFNAS, S/O.NASAR, KIZHAKKE VALAPPIL, MARIYAS HOUSE, ULLIERI AMSOM,
DESOM, KOYILANDY TALUK, KOZHIKODE-673 315.
OP (civil) praying inter alia that in the circumstances stated in
the affidavit filed along with the OP(C) the High Court be pleased to stay
Ext. P10 order and all further proceedings in OS 34/2019 pending before
the Sub Court Koyilandy till the disposal of this original petition.
OP(C) No.1502/2021 2/5
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of OP(C) and upon hearing the arguments of
SRI.T.SETHUMADHAVAN (SENIOR ADVOCATE) ALONG WITH M/S. PREETHI. P.V. &
M.V.BALAGOPAL, Advocates for the petitioner, the court passed the
following:
(p.t.o)
OP(C) No.1502/2021 3/5
V.G.ARUN, J.
...................................................................
O.P (C) No. 1502 of 2021
.....................................................................
Dated this the 9th day of September, 2021
ORDER
Admit.
Issue notice to the respondents through special messenger.
Learned Senior counsel submits that, without recording the compromise as stipulated under Order 23 Rule 3, the trial court has passed Ext.P10 order, which has the effect of a decree. It is submitted that the petitioner's stock in trade is being shifted to the premises of a stranger to the suit. It is pointed out that in compliance of the direction, the articles are being shifted by workers engaged by the plaintiff and there is every possibility of the articles being damaged in the process.
Finding prima facie merit in the submissions, the Advocate Commissioner is directed to keep on hold further action based on the order in I.A No.24 of 2021 OP(C) No.1502/2021 4/5 O.P (C) No. 1502 of 2021 2 in O.S No.34 of 2019, awaiting further direction from this Court. The petitioner undertakes to serve a copy of this order on the Advocate Commissioner.
Post on 15.09.2021.
Sd/-
V.G.ARUN JUDGE SJ 09-09-2021 /True Copy/ Assistant Registrar OP(C) No.1502/2021 5/5 APPENDIX OF OP(C) 1502/2021 Exhibit P10 TRUE COPY OF THE ORDER PASSED BY THE SUB COURT, KOYLOANDY IN IA 24/2021 IN OS NO.34/2019 DATED 03.09.2021.