Kerala High Court
Mariam vs Davood M on 8 June, 2020
Author: B.Sudheendra Kumar
Bench: B.Sudheendra Kumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR
MONDAY, THE 08TH DAY OF JUNE 2020 / 18TH JYAISHTA, 1942
OP(C).No.598 OF 2020
AGAINST THE ORDER/JUDGMENT IN OS 364/2019 OF MUNSIFF COURT,
HOSDRUG
PETITIONERS/RESPONDENTS 1 TO 8 AND 10:
1 MARIAM
AGED 60 YEARS
D/O.LATE PALAKKI KUNHAMOO,
RESIDING AT PALAKKI HOUSE, NEAR KOYA MASJID,
ATHINHAL, MANIKOTH (PO), AJANOOR VILLAGE,
HOSDURG TALUK, KASARAGOD DISTRICT, PIN-671 316.
2 KHADEEJA @ KAICHA PALAKKI,
AGED 55 YEARS
D/O.LATE PALAKKI KUNHAMOO AND W/O. LATE SHEREEF,
RESIDING AT FAIZAL MANZIL, NEAR MALIKAYIL VEEDU,
UDMA EAST, UDMA (PO), UDMA VILLAGE,
KASARAGOD TALUK AND DISTRICT, PIN-671 319.
3 BEEFATHIMA @ PATHU PALAKKI,
AGED 53 YEARS
D/O.LATE PALAKKI KUNHAMOO,
RESIDING AT PALAKKI HOUSE,
NEAR KOYA MASJID, ATHINHAL, MANIKOTH (PO),
AJANOOR VILLAGE, HOSDURG TALUK,
KASARAGOD DISTRICT, PIN-671 316.
4 MUHAMMED KUNHI PALAKKI,
AGED 52 YEARS
S/O.LATE PALAKKI KUNHAMOO,
RESIDING AT HARIS MANZIL, NEAR JUMA MASJID,
BEACH ROAD, PADINHAR, KEEZHOOR (PO),
KALANAD, CHEMMANAD VILLAGE,
KASARAGOD TALUK AND DISTRICT, PIN-671 317.
5 SHAREEFA PALAKKI,
AGED 49 YEARS
D/O.LATE PALAKKI KUNHAMOO AND W/O.SHAFI,
RESIDING NEAR JUMA MASJID AND MYLATTI SUB STATION,
MYLATTI (PO), PANAYAL VILLAGE,
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OP(C).No.598 OF 2020
KASARAGOD TALUK AND DISTRICT, PIN-671 319.
6 ZAINABA PALAKKI,
AGED 47 YEARS
D/O.LATE PALAKKI KUNHAMOO AND W/O.AMUNHI,
RESIDING AT BALLA KADAPPURAM, BALLA (PO),
BALLA VILLAGE, HOSDURG TALUK,
KASARAGOD DISTRICT, PIN-671 531.
7 SAKKEENA PALAKKI,
AGED 40 YEARS
D/O.LATE PALAKKI KUNHAMOO,
RESIDING AT PALAKKI HOUSE,
NEAR KOYA MASJID, ATHINHAL, MANIKOTH (PO),
AJANOOR VILLAGE, HOSDURG TALUK, KASARAGOD
DISTRICT, PIN-671 316.
8 FAREEDA,
AGED 35 YEARS
W/O.LATE BASHEER PALAKKI, VIDYANAGAR (PO),
MUTTATHODI VILLAGE, KASARAGOD TALUK AND
DISTRICT, PIN-671 123.
9 MANHA @ MANHUMMA,
AGED 82 YEARS
W/O.LATE PALAKKI KUNHAMOO,
RESIDING AT PALAKKI HOUSE,
NEAR KOYA MASJID, ATHINHAL, MANIKOTH (PO),
AJANOOR VILLAGE, HOSDURG TALUK,
KASARAGOD DISTRICT, PIN-671 316.
BY ADVS.
SHRI.JAWAHAR JOSE
SMT.CISSY MATHEWS
RESPONDENTS/PETITIONER & 9TH RESPONDENT:
1 DAVOOD M.
AGED 65 YEARS
S/O.LATE M.ABDULLA HAJI AND KUMNHAMINA PALAKKI,
RESIDING AT RAHMANIYA VILLA,
NEAR KOYA MASJID, ATHINHAL,
MANIKOTH (PO), AJANOOR VILLAGE,
HOSDURG TALUK, KASARAGOD DISTRICT,
PIN-671 316.
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OP(C).No.598 OF 2020
2 KUNHAMINA PALAKKI,
AGED 55 YEARS
D/O.LATE PALAKKI KUNHAMOO,
RESIDING AT PALAKKI HOUSE, NEAR KOYA MASJID,
ATHINHAL, MANIKOTH (PO), AJANOOR VILLAGE,
HOSDURG TALUK, KASARAGOD DISTRICT,
PIN-671 316.
R1-2 BY ADV. SRI.T.SETHUMADHAVAN (SR.)
R1-2 BY ADV. SMT.DEEPA NARAYANAN
R1-2 BY ADV. SMT.PREETHI. P.V.
R1-2 BY ADV. SRI.M.V.BALAGOPAL
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON
08.06.2020, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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OP(C).No.598 OF 2020
JUDGMENT
Heard both sides.
2. The learned counsel for the petitioners has submitted that the petitioners have no objection, if I.A.No.1/2020 and I.A.No.5/2020 are considered by the court below without considering the effect of amendment as ordered in Exts. P12 to P14.
3. The learned counsel for the respondents has also no objection in this regard.
In view of the above, this original petition stands disposed of with a direction to the court below to dispose of I.A.No.1/2020 and I.A.No.5/2020, in accordance with law, untrammeled by any of the observations in Exts.P12 to P14 and without considering the effect of amendment as ordered in Exts.P12 to P14. The court below shall dispose of the said applications, in accordance with law, as expeditiously as possible.
Sd/- B.SUDHEENDRA KUMAR JUDGE Nkr/08.06.2020 -5- OP(C).No.598 OF 2020 APPENDIX PETITIONERS' EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE INTERLOCUTORY APPLICATION FILED BY THE PLAINTIFF WHICH IS NUMBERED AS IA NO.2884/2019.
EXHIBIT P2 TRUE COPY OF THE COUNTER FILED BY THE PETITIONERS TO IA NO.2884/2019.
EXHIBIT P3 TRUE COPY OF THE INTERLOCUTORY APPLICATION FILED BY THE PLAINTIFF WHICH IS NUMBERED AS IA NO.1/2020.
EXHIBIT P4 TRUE COPY OF THE INTERLOCUTORY APPLICATION FILED BY THE PLAINTIFF WHICH IS NUMBERED AS IA NO.5/2020.
EXHIBIT P5 TRUE COPY OF THE COUNTER FILED BY THE PETITIONERS TO IA NO.5/2020.
EXHIBIT P6 TRUE COPY OF THE INTERLOCUTORY APPLICATION FILED BY THE PLAINTIFF WHICH IS NUMBERED AS IA NO.2/2020.
EXHIBIT P7 TRUE COPY OF THE INTERLOCUTORY APPLICATION FILED BY THE PLAINTIFF WHICH IS NUMBERED AS IA NO.3/2020.
EXHIBIT P8 TRUE COPY OF THE INTERLOCUTORY APPLICATION FILED BY THE PLAINTIFF WHICH IS NUMBERED AS IA NO.4/2020.
EXHIBIT P9 TRUE COPY OF THE COUNTER FILED BY THE PETITIONERS TO IA NO.2/2020.
EXHIBIT P10 TRUE COPY OF THE COUNTER FILED BY THE PETITIONERS TO IA NO.3/2020.
EXHIBIT P11 TRUE COPY OF THE COUNTER FILED BY THE PETITIONERS TO IA NO.4/2020.
EXHIBIT P12 TRUE COPY OF THE ORDER DATED 10.02.2020 IN IA NO.3/2020.-6-
OP(C).No.598 OF 2020 EXHIBIT P13 TRUE COPY OF THE ORDER DATED 10.02.2020 IN IA NO.4/2020.
EXHIBIT P14 TRUE COPY OF THE ORDER DATED 15.02.2020 IN IA NO.2/2020.
RESPONDENTS' EXHIBITS: NIL