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MARY JOSEPH, AGED 67 YEARS versus ANTONY

High Court of Kerala

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MARY JOSEPH, AGED 67 YEARS v. ANTONY - WP(C) No. 18857 of 2007(T) [2007] RD-KL 10757 (20 June 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 18857 of 2007(T)

1. MARY JOSEPH, AGED 67 YEARS,
... Petitioner

Vs

1. ANTONY,
... Respondent

2. CLARA GEORGE,

3. THRESSIA PAILY,

4. CELIN VARGHESE,

5. K.L.SEBASTIAN,

6. MARTHA NARAYANAN,

7. MARY GEORGE,

For Petitioner :SRI.A.L.GEORGE

For Respondent : No Appearance

The Hon'ble MR. Justice M.N.KRISHNAN

Dated :20/06/2007

O R D E R

M.N. KRISHNAN, J.

WP(C).No. 18857 OF 2007 T

Dated this the 20th June, 2007.



JUDGMENT

This writ petition is filed seeking a direction to dismiss O.S.399/07 before the Munsiff's Court, Ernakulam. It is the case of the petitioner that the property belonging to the two brothers by virtue of two assignment deeds and one of them died and thereafter a suit for partition has been filed as O.S.575/03 and that has ended in the passing of a preliminary decree thereby declaring right of the parties. When such a decree is there and it is binding, a suit is filed as O.S.399/07 for injunction which is not at all maintainable. Therefore the writ petitioner seeks to dismiss that suit. If there is a valid decree binding between the parties and on account of the same the suit filed subsequently is not maintainable, it is a matter that has to be considered by the court in which O.S.399/07 is pending. Therefore the learned Munsiff, Ernakulam is directed to consider the maintainability of O.S.399/07 as a preliminary issue and dispose of the matter in accordance with law, after hearing both sides. Writ petition is disposed of accordingly. M.N.KRISHNAN Judge jj


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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