IN THE HIGH COURT OF KERALA AT ERNAKULAM
AS.No. 779 of 1998()
1. IRSHADUL MUSLIMEEN SANGHAM
... Petitioner
Vs
1. POOKOTTU JUMA MASJID COMMITTEE
... Respondent
For Petitioner :SRI.K.P.DANDAPANI (SR.)
For Respondent :SRI.P.V.JYOTHI PRASAD
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :06/07/2010
O R D E R
M.N. KRISHNAN, J.
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A.S.NO.779 OF 1998
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Dated this the 6th day of July, 2010.
J U D G M E N T
This is an appeal preferred against the judgment and
decree of the Subordinate Judge’s Court, Kozhikode in
O.S.No.783/1995. The suit is one for partition. The court
below has granted a decree for partition and the subject
matter appears to be connected with the Juma Masgid
Committee. The judgment does not reflect how the court
arrived at regarding the partability of the property.
2. I do not want to elaborate for the reason that the
matter requires reconsideration by the court. Therefore the
judgment and decree of the trial court are set aside and the
matter is remitted back to the trial court for a fresh
consideration after permitting all concerned to produce
documentary as well as oral evidence in support of their
respective contentions and in case of non-filing of written
statement, permission be granted to file written statement,
frame appropriate issues and dispose of the matter in
accordance with law. Parties are directed to appear before
the court on 10.8.2010. In case the plaintiff does not appear
: 2 :
A.S.NO.779 OF 1998
on that day, the defendants are directed to take out notice
to the plaintiff for further consideration of the matter.
Transmit the records back to the court concerned.
Disposed of accordingly.
M.N. KRISHNAN, JUDGE.
cl
: 3 :
A.S.NO.779 OF 1998
M.N. KRISHNAN, J.
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A.S.NO.779 OF 1998
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6th day of July, 2010.
J U D G M E N T