IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 34599 of 2005(R)
1. MUHAMMED, AGED 45 YEARS,
... Petitioner
Vs
1. SHEELA, D/O. IBRAHIMKUTTY,
... Respondent
For Petitioner :SRI.ESM.KABEER
For Respondent :SRI.C.ANILKUMAR (KALLESSERIL)
The Hon'ble MR. Justice PIUS C.KURIAKOSE
Dated :19/06/2007
O R D E R
PIUS C. KURIAKOSE,J.
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W.P.(C) No.34599 of 2005
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Dated: 19th June, 2007
JUDGMENT
Heard Mr.E.S.M.Kabeer, counsel for the petitioner and the
learned counsel for the respondent.
2. Having regard to the submissions of Mr.E.S.M.Kabeer,
counsel for the petitioner, I am of the view that he has made out a
fairly strong case in support of his contention that Ext.P5 is not
maintainable. But at the same time I do not want to decide the issue
finally in this proceeding. I dispose of the Writ Petition directing the
petitioner to file preliminary objections regarding the maintainability
of M.C.11 of 2004 producing copies of Exts.P1 and P2 before the
learned Magistrate. If the preliminary objections are received by the
learned Magistrate within two weeks of receiving copy of the
judgment, the learned Magistrate will hear the petitioner and also the
respondent and take a decision. Decision shall be taken by the
learned Magistrate on the maintainability of Ext.P5 at the earliest and
at any rate within one month of receiving preliminary objections. The
interim order of stay will continue till such time as the learned
Magistrate takes a decision as directed above.
srd PIUS C.KURIAKOSE, JUDGE
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