V.P.K.Abdulla Haji vs K.Naseema on 16 August, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 17213 of 2006(Y)


1. V.P.K.ABDULLA HAJI, AGED 67 YRS,
                      ...  Petitioner

                        Vs



1. K.NASEEMA, AGED 32 YRS,
                       ...       Respondent

2. K.FAUSIYA, AGED 30 YRS,

3. K.HASEENA, AGED 25 YRS,

4. ACHANKANDI KHADEEJA, AGED 59 YRS,

5. A.K.ABDUL AZEEZ, AGED 48 YRS,

6. A.K.FAISAL, AGED 38 YRS,

                For Petitioner  :SRI.M.P.MOHAMMED ASLAM

                For Respondent  :SRI.P.K.YUSUFF ISSUDDIN

The Hon'ble MR. Justice PIUS C.KURIAKOSE

 Dated :16/08/2007

 O R D E R
                        PIUS C. KURIAKOSE, J.
                         -------------------------------
                       W.P.(C) No. 17213 OF 2006
                       -----------------------------------
                 Dated this the 16th day of August, 2007

                                JUDGMENT

Heard both sides. Impugned in this Writ Petition under Article 227

is Ext.P9 common judgment of the learned District Judge in two CMAs

preferred against the orders in IA Nos.1901of 2005 and 1902 of 2005.

Even though several attractive grounds have been raised in this

Writ Petition, and Sri.M.P.M.Aslam, counsel for the petitioner addressed

me on all those grounds, I do not think that it is possible to say that

Ext.P9 judgment is vitiated to such an extent as to justify interference by

this Court under Article 227, which is visitorial in nature and will be

invoked only in exceptional circumstances. I dispose of the Writ Petition

directing the learned First Additional Subordinate Judge, Kozhikode to

try and dispose of OS No. 319 of 2004, uninfluenced in any manner by

the findings which have been entered in Ext.P9 common judgment and

also orders in IA Nos.1091 of 2005 and 1092 of 2005. Decision in the

suit will be taken by the learned Subordinate Judge on the evidence

which comes on record during the trial and treating the findings in CMA

judgment and the interlocutory orders passed in IA Nos. 1091 of 2005

and 1092 of 2005 as provisional and made only for the purpose of the

interlocutory proceedings. The learned Subordinate Judge will special

WPC No. 17213 of 2006
2

list the suit for trial in the earliest available special list and dispose of the

suit at the earliest and at any rate within three months receiving a copy

of this judgment.

PIUS C. KURIAKOSE, JUDGE
btt

WPC No. 17213 of 2006
3