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1995 Supreme(Ker) 123

P.A.MOHAMMAD
Rosamma Joseph – Appellant
Versus
P. C. Sebastian – Respondent


Advocates:
V.D. Karunakaran, for Petitioner; S. Parameswaran, for Respondent.

ORDER:-

The petitioner in O.P.(T.P.) No.25 of 1994 on the file of the District Court, Kottayam, is the revision-petitioner. This petition was filed under S.24 of the Code of Civil Procedure, seeking for an order withdrawing O.S. No. 319 of 1992 from the file of the Munsiffs Court, Changanacherry and transferring the same to the Sub-Court, Kottayam, to be tried along with O.S. No. 811 of 1992, After the enquiry the above petition was dismissed by the Court below as per order dated 30-5-1994. The present revision is filed against the said order passed by the District Judge, Kottayam.

2. The facts involved in this case can be summarised thus: O.S. No. 319 of 1992 was filed by the respondent in this revision petition, before the Munsiff's Court, Changanacherry, in which the petitioner is the first defendant. That was a suit for redemption of the possessory mortgage and relief is sought only against the petitioner. The second defendant in that suit is the daughter of the petitioner, who is conducting a beauty parlour in the petition schedule building. Third defendant is the husband of the first defendant. The property involved in the suit is two shop rooms, specifically described in the








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