IN THE HIGH COURT OF KERALA AT ERNAKULAM
MURALI PURUSHOTHAMAN, J
SARFUNNISA, LAILA – Appellant
Versus
HAFSA, SALEENA, ANWARUDHEEN, SIRAJUDHEEN, YASAR, MUMTHAS, BAJEENA, NOUSHAD, SAVAD, SHANIMOL, FARSEENA, UMMERYA, DISTRICT COLLECTOR, SPECIAL TAHASILDAR, PROJECT DIRECTOR – Respondent
OP(C) NO. 452 OF 2026 | OS NO.8 OF 2024
| Table of Content |
|---|
| 1. need for joint trial on pending land acquisition references. (Para 1 , 2) |
| 2. arguments for simultaneous adjudication in interests of justice. (Para 4 , 5) |
JUDGMENT
The petitioners are the plaintiffs in O.S.No.8/2024 on the files of the Sub Court, Manjeri. The suit is filed for partition.
2. Ext.P1 is the copy of the plaint. It is stated that land acquisition reference as regards a portion of the properties scheduled in Ext.P1 is pending before the Additional District Court, Manjeri in LAR Nos.14, 15, 19, 21, 22, 25 and 47 of 2024. At the instance of the petitioner, O.S.No.8/2024 was transferred to the Additional District Court, Manjeri as per the directions of this Court in Ext.P2 judgment so as to have a joint trial and the case was renumbered as O.S.No.3/2025. It is submitted by the learned counsel for respondent Nos. 1 to 12 that joint trial has already been ordered in LAR Nos. 21 and 22 of 2024.
3. While so, this Court by Ext.P6 judgment dated
17/10/2025 in OP(C) No.2345/2025 directed early disposal of LAR Nos. 21 and 22 of 2024. On coming to know about Ext.P6, the petitioners preferred I.A.No. 1/2026 (Ext.P7) in LAR Nos.21/2024 for simultaneous disposal of O.S.No.3/2025 and LAR Nos.14, 15, 19, 21, 22, 25 and 47 of 2024. Respondent Nos.1 to 12 have filed counter affidavit to the said I.A. However, it is stated that the Additional District Court-II, Manjeri, has not yet considered the request of the petitioners in Ext.P7. It is submitted by the petitioners that the petitioners as well as the respondents will be prejudiced by the disjunct consideration of the suit and references. It is contended that absence of adequate representation of all the parties before the court while Ext.P6 order was passed has led to the present situation. Accordingly, this original petition is filed for direction to the Additional District Court-II, Manjeri to dispose of LAR Nos.14, 15, 19, 21, 22, 25 and 47 of 2024 and O.S.No.3/2025, simultaneously.
4. Heard Sri. T. Krishnanunni, learned senior counsel for the petitioners, Smt. Rose Michael, learned counsel for respondents 1 to 12 and the learned Government Pleader.
5. It is submitted by the learned senior counsel for the petitioners that same rights of the parties are to be adjudicated by the court in the cases and therefore simultaneous disposal of the cases is absolutely necessary in the interest of justice.
5. The learned counsel for respondent Nos. 1 to
12 submits that since respondents 1 to 12 have already preferred counter affidavit to Ext.P7, the said application may be directed to be considered and disposed of expeditiously.
In the facts and circumstances of the case, there will be a direction to the Additional District Court-II, Manjeri to consider Ext.P7 application expeditiously, after hearing the petitioners and the respondents and pass appropriate orders in accordance with law within two weeks from the date of receipt of a copy of this judgment. Till such time, there will be a stay of further proceedings in LAR Nos.21 and 22 of 2024.
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