Kerala High Court

CMA/19/2003 of SAMINA NASAREEN HASSAN Vs C.SUDHA on 3 April 2003

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HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 3RD APRIL 2003 / 13TH CHAITHRA, 1925 CMA.No. 19 of 2003() -------------------- AGAINST THE ORDER DATED 20/12/2002 IN OS.42/2002 IN IA.367/2002

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT :

THE HONOURABLE MR. JUSTICE KURIAN JOSEPH

&

THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR

THURSDAY, THE 3RD APRIL 2003 / 13TH CHAITHRA, 1925

CMA.No. 19 of 2003()

--------------------

AGAINST THE ORDER DATED 20/12/2002 IN OS.42/2002 IN

IA.367/2002 of ADL.SUB COURT, THALASSERY

....................

APPELLANT: PETITIONER

---------------------

SAMINA NASREN HASSAN, W/O. SYED MARAJUL

HASSAN, AGED 31 YEARS, BUSINESS, R/ANO.4,WALKER

LANE,LANGFORD TOWN,BANGALORE-25, REP. THROUGH

POWER OF ATTORNEY HOLDER SHYAM KUMAR,

S/O. P.MUKUNDAN, AGED 30 YEARS, NO OCCPATION, R/A

IN VEENA VIHAR, CHALAD AMSOM DESOM, KANNUR TALUK

BY ADV. SRI.V.RAMKUMAR NAMBIAR

RESPONDENTS: RESPONDENT

-----------------------

SMT. C.SUBHA, D/O. KRISHNAN NAIR,

AGED 34 YEARS, NO OCCUPATION, RESIDING AT

PINARAYI AMSOM DESOM, THALASSERY TALUK.

BY ADV. SRI.E.V.NAYANAR

SMT.VIDHYA. A.C

THIS CIVIL MISC. APPEAL HAVING BEEN FINALLY HEARD

ON 11/6/2007, THE COURT ON THE SAME DAY DELIVERED THE

FOLLOWING:

Kurian Joseph & T.R. Ramachandran Nair, JJ.

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C.M.A.NO.19 of 2003

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JUDGMENT

Kurian Joseph, J.

This appeal is filed against the order dated 8.1.2003 in I.A.No.1402/2002 in O.S. No.237/2002 on the file of the Sub Court, Palakkadwhereby the court refused to continue the interim injunction and dismissedthe petition. It is seen from the order that the court below has proceeded onthe basis that the suit is one for injunction and that the plaintiffs have notfiled any suit for partition. We are afraid that the court below has notproperly adverted to the nature of the suit. It is seen from the plaint that thesuit is one for partition simplicitor. Therefore, it is not necessary for thiscourt at this stage to go into the various contentions taken by the appellantincluding the contention based on Section 90 of the Indian Trust Act sincethe matter, in our view, requires reconsideration.

Accordingly, we set aside the order under challenge and remit thematter to the court below for fresh consideration.

(Kurian Joseph, Judge.)

(T.R. Ramachandran Nair, Judge.)

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Kurian Joseph & T.R. Ramachandran Nair, JJ. - - - - - - - - - - - - - - - - - - - - - - - -C.M.A.NO.19 of 2003

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JUDGMENT

11th day of June, 2007

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