IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRP No. 1115 of 2005()
1. K.SHAIK DAVOOD, S/O.KAJAHUSSAIN,
... Petitioner
2. K.MUHAMMED RAFFI, S/O.KAJAHUSSAIN,
3. K.SIRAJ, S/O.KAJAHUSSAIN,
Vs
1. LAILA, W/O.NOOR MOHAMMED, RESIDING AT
... Respondent
2. JOHANAR SARVUDEEN, S/O.LATE MOHAMMED
3. UMMUSALMA, W/O.ABDUL JABBAR,
4. SALEEMA, W/O.SALIM, RESIDING AT
5. EBRAHIM, S/O.LATE MUHAMMED ALI,
6. NOUFAL, S/O.LATE MUHAMMED ALI,
7. FAIZER, W/O.JAFARALI, RESIDING AT
8. SHAHUL HAMEED, RESIDINGAT 11/625,
9. MUHAMMED RAFFI, S/O.LATE MUHAMMED ALI,
10. MOHAMMED SALIM, S/O.LATE MOHAMMED ALI,
For Petitioner :SRI.D.KRISHNA PRASAD
For Respondent :SRI.S.V.BALAKRISHNA IYER
The Hon'ble MR. Justice PIUS C.KURIAKOSE
Dated :26/07/2007
O R D E R
PIUS.C.KURIAKOSE, J.
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C.R.P.No.1115/05 &
W.P.(c).No. 31278 of 2005
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Dated this the 26th day of July, 2007
ORDER
Judgment of the Supreme Court in Daya Ram and others v.
ShvamSundari and others ( AIR 1965 Supreme Court 1049),
N.K.Mohd. Sulaiman Sahib v. N.C.Mohd. Ismail Saheb and others
( AIR 1966 Supreme Court 792), Beharilal and another v.
Smt.Bhuri Devi and others ( AIR 1997 Supreme Court 1879) were
among the decisions cited by Sri.D.Krishna Prasad. The submissions
of Sri.D.Krishna Prasad were very heavily resisted by
Sri.P.B.Krishnan.
Having considered the rival submissions addressed at the Bar in
the light of the judicial precedents which were cited and having gaged
the impugned orders by the parameters which are applicable for
exercise of jurisdiction by this court under the revisional jurisdiction
under Section 115 CPC and under the supervisory jurisdiction under
Article 227 of the Constitution, I am of the view that the impugned
C.R.P.No.1115/05 & W.P.(c).No. 31278 of 2005
orders can be sustained, but, clarified that the contesting respondents in
the appeal will be entitled only for a hearing in the appeal.
Hence, sustaining the impugned orders, learned District Judge is
directed to conduct a hearing at the earliest and at any rate within one
month of production of a copy of this judgment and deliver judgment
within another two weeks of hearing. Further notice need not be sent to
the contesting respondents. The parties will appear before the District
Court on 16/03/2008.
PIUS.C.KURIAKOSE
JUDGE
sv.
C.R.P.No.1115/05 & W.P.(c).No. 31278 of 2005