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2025 Supreme(Online)(Ker) 56037

IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. NATARAJAN, J
SHIJA ROBIN – Appellant
Versus
DENNY THOMAS – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.SABU THOZHUPPADAN, SRI.BIJU THOZHUPPADAN, SRI.ANTONY VARGHESE, SHRI.ROSE GEORGE, SMT.DEVI P. PRATHAPAN, SMT.ASHNA ALOYSIUS P., SMT.AMRUTHA P.M., SMT.RENJITHA J. PONNAMATTOM
For the Respondents: SRI.N.M.MADHU, SHRI.T.G.GOPINATHAN, SMT.FATHIMA H P, SHRI.C.DILIP, SHRI.K.S.BABU, SHRI.P.SATHISAN, SHRI.JIJO JOSEPH, SRI.AKHIL CHANDRAN, SRI.P.P.HARRIS, SMT.C.S.RAJANI, SHRI.SOHAIL AHAMMED HARRIS P.P., SMT.N.SUDHA, SRI.BABU SHANKAR, SHRI.SHIBU B.S, SHRI.BIJU P.PAUL, SHRI.ALVIN JEWEL S.S., SMT.VIDHYA T.U., SMT.ANTIJA JAMES, SMT.SWALIHA SELMI T.R., SMT.LEENA VARGHESE

Judgment

(Dated: 12th December, 2025)

This original petition is filed by the petitioner/defendant to issue a writ of certiorari or other appropriate writ or direction for setting aside Ext.P13 order dated 22.03.2025, in I.A. No.12 of 2024 in O.S.No.142 of 2024 on the file of the Principal Sub Court, North Paravur, and allow the petition for rejection of the plaint.

2. Heard the arguments of the learned counsel for the petitioner and counsel for the respondent.

3. The case of the petitioners is that they are the 10th and 11th defendants in the suit filed by the respondent/ plaintiff, for partition of the plaint schedule property by means and bounds into five equal shares, allot one share to the plaintiff, and give separate possession to the plaintiff and other various reliefs. The defendant appeared and filed a written statement and also filed an Interlocutory Application as I.A. No. 12 of 2024 under Order VII Rule 11 of CPC for rejection of the plaint.

4. The petitioner/defendants herein contended that the plaintiffs is the brother-in-law of the defendant No.10. It is contended that the said property has been purchased by the father of the 3rd defendant, namely late K.T. Baby, vide sale

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