A.K.Nazar vs Abdul Majeed on 14 February, 2011

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP(C).No. 119 of 2011(O)


1. A.K.NAZAR, S/O.ABDUL KAREEM,
                      ...  Petitioner

                        Vs



1. ABDUL MAJEED, THERIPPURATHU PUTHENVEEDU
                       ...       Respondent

2. ARIFA,

3. ABDUL RASHEED,

4. SALEEMATH,

5. NASEEMA,

6. NOORJAHAN,

7. HAYARUNNEESA,

                For Petitioner  :SRI.B.KRISHNA MANI

                For Respondent  :SRI.S.SREEKUMAR

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :14/02/2011

 O R D E R
                K.T.SANKARAN, J.
          ------------------------------
              O.P(C).No.119 OF 2011
          ------------------------------
     Dated this the 14th day of February, 2011

                     JUDGMENT

Counsel appears for respondents 2, 4, 5, 6 and

7. It is stated that the third respondent is

employed in a Gulf country. The first respondent

is reported dead. In the nature of the reliefs

claimed in the Original Petition, I am of the view

that it is not necessary to issue notice to the

third respondent or to implead the Legal

Representatives of the deceased first respondent.

2. The reliefs prayed for in the Original

Petition are the following:

i) Issue appropriate direction or
order directing the Munsiff’s Court,
Punalur to pass orders on Ext.P5;

ii) Issue appropriate orders or
directions directing the Munsiff’s
Court, Punalur to remove Ext.P1 and P2
suits from the list on 12.1.2011;

iii) Stay all further proceedings in
O.S.244 of 2003 and O.S.107 of 2006

O.P(C).No.119 OF 2011 2

before the Munsiff’s Court, Punalur,
until the disposal of this Original
Petition.

iv) Award costs and

v) Any other relief this Hon’ble
Court deems fit.”

3. Ext.P5 is an application for amendment of

the plaint. The petitioner has prayed for issuing

a direction to the Munsiff’s Court, Punalur to pass

orders on Ext.P5. The respondents have no objection

to this prayer being allowed. Their only contention

is that they must be afforded an opportunity of

being heard.

4. The only relief that can be granted in the

Original Petition is relief No.(i).

Accordingly, there will be a direction to the

Munsiff’s Court, Punalur to consider and pass

orders on Ext.P5 application before commencing

evidence in the case. Since the number of the I.A.

is not mentioned in Ext.P5 application and no date

O.P(C).No.119 OF 2011 3

is seen in Ext.P5 application, the learned Munsiff

may not be able to identify which application is

directed to be disposed of. Therefore, the

petitioner shall produce a true copy of the

Original Petition before the Munsiff’s Court,

Punalur and then only the direction in the judgment

need be complied with.

The Original Petition is partly allowed as

above.

K.T.SANKARAN,
JUDGE.

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