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2026 Supreme(Online)(Ker) 5736

IN THE HIGH COURT OF KERALA AT ERNAKULAM
T.R.RAVI, J
MUHAMMED HANEEFA – Appellant
Versus
SHARAFUDEEN – Respondent


Advocates:
For the Appellants/Petitioners: SRI.G.SUDHEER, SRI.V.SURESH, SRI.R.HARIKRISHNAN, SMT.SMRITHI S.S.

JUDGMENT

This original petition has been filed challenging Ext.P12 order whereby I.A.No.1 of 2024 filed in O.S.No.16 of 2016 before the Munsiff Court, Attingal has been rejected, stating that the decree cannot be drawn up with a schedule produced at a later stage after the dismissal of the suit. Even though notice was served on the respondent, the respondent has chosen not to appear before this Court. Apparently the respondent has no objection to the prayer made. There is no reason why the decree holder should suffer solely for the reason that the plaint item has not been scheduled.

In the above circumstances, the original petition is allowed. I.A.No.1 of 2024 is allowed. The court below shall draw up the decree based on the schedule as per the amended plaint.

Sd/-

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