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2022 Supreme(Online)(KER) 8584

HIGH COURT OF KERALA
A. BADHARUDEEN, J
FOUZIYA – Appellant
Versus
UMMUSALMA – Respondent


J U D G M E N T

In this original petition filed under Article 227 of the Constitution of India, the petitioner seeks interference in Ext.P3 order dated 29.05.2019, after waiting for four years. The petitioner is the defendant in O.S.No.626 of 2016 pending before the Principal Munsiff Court, Palakkad.

Respondents are the plaintiffs therein.

2. Another suit filed between the same parties, exactly filed by the petitioner as O.S.No.853 of 2016 also is pending and the defendants therein are the plaintiffs in O.S.No.626 of 2016. The petitioner filed this petition during 2019 and sought for joint trial. The learned Munsiff considered the plea of joint trial and finally disallowed the same, after observing in paragraph 3 of the order as under;

“3. The case file in O.S.No.853/2016 is taken up and perused. It is true that the properties in both suits are different and the decision, if any, which will be rendered in both suits will not overlap each other. The O.S.No.853/2016 was filed by petitioner for partitioning the share of Abdul Azeez in his father's property. This suit is filed for partitioning the property which was allegedly purchased by late Adbul Azeez. Therefore, evidence to be adduce

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