Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Ker) 6469

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. SOUMEN SEN, CJ, MR. SYAM KUMAR V.M., J
SUHARA @ SUHARABEE – Appellant
Versus
CHEMBRA RADHAKRISHNAN NAIR – Respondent
OP (RC) NO. 236 OF 2025

Advocates:
For the Appellants/Petitioners: SRI.JAMSHEED HAFIZ, SMT.T.S.SREEKUTTY, SMT.FATHIMA NASREEN S.
For the Respondents: SHRI.ARUN KRISHNA DHAN, SRI.ARJUN SREEDHAR, SHRI.T.K.SANDEEP, SMT.SWETHA R., SHRI.HARIKRISHNAN P.B., SMT.ANJANA S.S.

The court ruled on the procedural implications of pending suits under the Code of Civil Procedure, emphasizing adherence to established rules in ongoing cases.

Headnote:In this case, the court analyzed Order XXI Rule 104 of the Code of Civil Procedure concerning the adjudication of issues pending before lower courts. The petitioner's request was dismissed as meritless due to the prior pending suit. The court concluded that given the situation, the original petition lacked any grounds for merit. The judgment addresses the procedural compliance required and emphasizes the importance of ongoing litigation.

In view of the Order XX1 Rule 104 of the Code of Civil Procedure which clearly provides that every order made under Rule 101 or Rule 103 shall be subject to the result of any suit pending on the date of commencement of the proceedings and since, in the instant case, the suit was admittedly pending prior to the initiation of proceedings under Order XX1 Rule 97 of the , we find no merit in this original petition.

The original petition is accordingly dismissed.

Sd/-

Click Here to Read the rest of this document

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

2026 Supreme(Online)(Ker) 6469

IN THE HIGH COURT OF KERALA AT ERNAKULAMMR. SOUMEN SEN, CJ, MR. SYAM KUMAR V.M., JSUHARA @ SUHARABEE – AppellantVersusCHEMBRA RADHAKRISHNAN NAIR – RespondentOP (RC) NO. 236 OF 2025

The court ruled on the procedural implications of pending suits under the Code of Civil Procedure, emphasizing adherence to established rules in ongoing cases.

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. SOUMEN SEN, CJ, MR. SYAM KUMAR V.M., J
SUHARA @ SUHARABEE – Appellant
Versus
CHEMBRA RADHAKRISHNAN NAIR – Respondent
OP (RC) NO. 236 OF 2025