K. Abdul Rasheed vs M.K. Asia Najjumma on 28 January, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 24488 of 2003(M)


1. K. ABDUL RASHEED, S/O. MOIDU HAJI,
                      ...  Petitioner

                        Vs



1. M.K. ASIA NAJJUMMA, D/O. ALIKUTTY,
                       ...       Respondent

                For Petitioner  :SRI.R.PARTHASARATHY

                For Respondent  :SRI.P.K.BEHANAN

The Hon'ble MR. Justice PIUS C.KURIAKOSE

 Dated :28/01/2008

 O R D E R
                      PIUS.C.KURIAKOSE J.
                      ------------------------
                   W.P.(C)No. 24488 of 2003
                      ------------------------

           Dated this the 28th      day of January, 2009


                            JUDGMENT

On behalf of Sri.Parthasarathy, learned counsel for the

petitioner, an adjournment is sought for. But, I feel that the

petitioner has not made out a ground for invocation of the

supervisory jurisdiction of of this court under Article 227 of the

Constitution in this case. In a suit, which was filed by the

respondent, who is the landlord of the petitioner, the petitioner

filed a counter claim. But, obviously the filing of the counter

claim was after the suit itself was dismissed by the learned

Munsiiff on the basis of a statement by the plaintiff that the suit

has become infructuous. The plaintiff is the dominus litis and

the court below cannot be blamed for having refused to entertain

the counter claim.

I dismiss this writ petition. But, I make it clear that neither

the order of the learned Munsiff, nor this judgment will stand in

the way of the petitioner filing a fresh suit against the

WPC.No. 24488/2003 2

respondent on any genuine and subsisting cause of action.

PIUS.C.KURIAKOSE,JUDGE

dpk