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Said Fazal Pookoya Thangal vs Valiyathodi Ibrahim

High Court Of Kerala|23 May, 2014
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JUDGMENT / ORDER

O.S. No. 46/2010 is a suit for injunction and O.S. No.
30/2010 is a suit for partition. The plaintiff in O.S. No. 46/2010 is not even a party to O.S. No. 30/2010. The mere fact that the defendant in O.S. No. 46/2010 is a party to O.S. No. 30/2010 is not a ground enough for a joint trial. Injunction is a personal relief unlike that of partition where division of pre-existing right is sought.
The order refusing joint trial of the two suits calls for no interference in this supervisory jurisdiction. The Original Petition is dismissed.
ncd V. CHITAMBARESH JUDGE
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Title

Said Fazal Pookoya Thangal vs Valiyathodi Ibrahim

Court

High Court Of Kerala

JudgmentDate
23 May, 2014
Judges
  • V Chitambaresh
Advocates
  • Sri
  • K Dilip