IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 15421 of 2007(S)
1. KERALA JAMATH-E-ISLAMI HIND
... Petitioner
2. BASHEER MUHIYUDHEEN, AGED 35 YEARS,
Vs
1. ABDUL SAMAD, AGED 34 YEARS,
... Respondent
2. COCHIN ISLAMIC WELFARE TRUST,
3. C.V.IBRAHIM, AGED 65 YEARS,
For Petitioner :SRI.T.H.ABDUL AZEEZ
For Respondent :SRI.R.V.SUJIT KUMAR
The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :18/06/2007
O R D E R
KURIAN JOSEPH & T.R. RAMACHANDRAN NAIR, JJ
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W.P.(C) NO. 15421 OF 2007
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Dated this the 18th day of June, 2007.
JUDGMENT
Kurian Joseph,J
This writ petition is filed challenging Ext.P1 order passed by
the Vacation Court in I.A. No. 2326/2007 in O.S. 620/2007 now
pending before the Third Additional Munsiff Court, Ernakulam.
Since Ext.P1 is only an exparte interim order passed by the
vacation court, and since the matter is now pending before the
regular Civil Court it is open to the petitioners to move the Civil
Court for appropriate modification, varification, cancellation etc.
The learned counsel for the petitioners submitted that they have
already filed a petition to vacate the order. Though various
allegations are raised in the writ petition which are stoutly
disputed by the learned counsel appearing for the respondents,
we do not think it necessary, at this stage, for this Court to go
into those matters and consider other contentions as well.
W.P.(C) NO. 15421/2007 : 2 :
Therefore, this writ petition is disposed of directing the Third
Additional Munsiff Court to finally dispose of I.A. No. 2326/2007
expeditiously. The interim order passed by this Court on
23.05.2007 will continue till such time.
The writ petition is disposed of accordingly.
KURIAN JOSEPH, JUDGE.
T.R. RAMACHANDRAN NAIR, JUDGE.
rv
W.P.(C) NO. 15421/2007 : 3 :