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2026 Supreme(Online)(Ker) 19251

IN THE HIGH COURT OF KERALA AT ERNAKULAM
T.R.RAVI, J
GANDHIMATHI – Appellant
Versus
GANDHIKUMAR – Respondent
OP(C) NO. 2904 OF 2024



Advocates:
For the Appellants/Petitioners: SRI.S.MOHAMMED AL RAFI, SMT.THAJUNA MARIA FRANCIS
For the Respondents: SRI.R.GOPAN

The court dismissed the petition for joint trial as properties in the suits were not covered by a common Will.

Headnote:The matter pertains to OP

(C) NO. 2904 OF 2024 challenging an order denying joint trial. The petitioners argue that a Will encompasses properties involved; however, different properties are involved in both suits. The court found no reason to interfere and dismissed the petition.

JUDGMENT

The original petition has been filed challenging an order whereby joint trial was denied. The Court has noticed that the properties scheduled in the proceedings are different. The contention of the petitioners is that they are tracing their title to a Will which covers the entire properties and since the Will needs to be proved in both the cases, it is only appropriate that there is a joint trial. However, a reading of the pleadings which have been produced along with the original petition shows that the entire properties involved in the suit are not covered by the Will and the properties involved in the two suits are also different. I do not find any reason to interfere with the order passed by the court below.

The original petition fails and is dismissed.

Sd/-

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