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BASHEERKHAN, S/O.ABDULKHADERKHAN versus SUBHADRA, W/O. VENU

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BASHEERKHAN, S/O.ABDULKHADERKHAN v. SUBHADRA, W/O. VENU - WP(C) No. 13674 of 2006(C) [2007] RD-KL 3086 (12 February 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 13674 of 2006(C)

1. BASHEERKHAN, S/O.ABDULKHADERKHAN,
... Petitioner

Vs

1. SUBHADRA, W/O. VENU,
... Respondent

2. THE PEOPLE OF ALAYAR AND EZHUTHANI,

3. SANKARAN, S/O. CHAMI,

For Petitioner :SRI.SAJAN VARGHEESE K.

For Respondent :SRI.BINOY VASUDEVAN

The Hon'ble MR. Justice K.P.BALACHANDRAN

Dated :12/02/2007

O R D E R

K.P.BALACHANDRAN, J.


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W.P.(C)NO.13674 OF 2006
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Dated this the 12th day of February 2007



JUDGMENT

The petitioner is the plaintiff in O.S.325 of 2005 on the file of the Munsiff's Court, Chittur. The suit Ext.P1 is for declaration and consequential permanent injunction. The "A" relief prayed for in Ext.P1 is as follows: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . All the same he moved I.A.2195 of 2005 in O.S.325/2005 (Ext.P5) seeking for leave being granted to defendants 2 and 3 to represent the public who are interested in opposing the claim advanced in the plaint. The learned Munsiff rejected the leave sought for under Order 1 Rule 8 vide Ext.P7 order for the reason W.P.(C)NO.13674 OF 2006 2 the defendants 2 and 3 had filed written statement contending that they are not necessary or proper parties to the suit and further they have supported the plaint allegations and that they are persons sailing along with the plaintiff and therefore they are not representatives of the local people. The order was so passed by the Munsiff considering the vehement objections of the first defendant contending that defendants 2 and 3 are not representatives of the local people and they are not competent to represent the local people who are affected by the prayer advanced in the plaint and who are interested in resisting the suit. In view of the averments in paragraph 3 of Ext.P1 plaint regarding O.S.353/2002 instituted by the first defendant's husband against the plaintiff and the further allegation that the first defendant caused obstruction, it is evident that atleast the first defendant is interested in resisting the suit. Strangely enough though she is impleaded as the first defendant, leave was being sought for by the petitioner to prosecute the case against defendants 2 and 3 as representing the local people who are residents of Alayar and Ezhuthani to the exclusion of the first W.P.(C)NO.13674 OF 2006 3 defendant. In as much as defendants 2 and 3 are supporting the plaint claim, Ext.P7 order deserves to be upheld and I do so without prejudice to the petitioner moving for sanction to prosecute the case with defendant no.1 as also anybody else, as the representatives of the local people interested in resisting the suit to protect their common interest. This writ petition is disposed of with the above observations.

K.P.BALACHANDRAN, JUDGE

jes


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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