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2026 Supreme(Online)(Ker) 25811
IN THE HIGH COURT OF KERALA AT ERNAKULAM
T.R. Ravi, J
Gangadharan – Appellant
Versus
Mohanan E – Respondent
OP(C) No. 1077 of 2026|FDIA 3750/1996|OS No.377 of 1995|OS No.14 of 2020
Advocates:
For the Appellants/Petitioners: SRI.PHIJO PRADEESH PHILIP, SHRI.P.V.ANOOP, SHRI.JUNAID.V.S, SHRI.M.ABHIJITH KRISHNAN
For the Appellants/Petitioners: SRI.PHIJO PRADEESH PHILIP, SHRI.P.V.ANOOP, SHRI.JUNAID.V.S, SHRI.M.ABHIJITH KRISHNAN
No stay of final decree proceedings in prior partition suit pending unrelated subsequent suit.
Headnote:First Paragraph: No specific statutes referenced. The case concerns a prayer to stay final decree proceedings in a 1995 partition suit (O.S. No. 377/1995, F.D.I.A. 3750/1996) pending disposal of a subsequent partition suit (O.S. No. 14/2020) involving different properties. Court found no basis to halt prior proceedings as the second suit addresses excluded properties and prior suit's final decree was already underway. Second Paragraph: Issue framed as whether to stay execution of older decree for newer unrelated suit. Ratio: Court observed no reason exists to delay final decree in the 1995 suit given its advanced stage and distinct property scope. Last Paragraph: Original petition dismissed.
| Table of Content |
|---|
| 1. prayer to stay final decree pending new partition suit. (Para 1) |
| 2. no reason to stay prior final decree proceedings. (Para 2) |
JUDGMENT
The prayer is to keep the final decree proceedings in F.D.I.A.No.3750 of 1996 in O.S.No.377 of 1995 on the files of the II Additional Subordinate Judge's Court, Kozhikode, pending till the disposal of another partition suit O.S.No.14 of 2020 on the files of the Subordinate Judge's Court, Kozhikode.
2. The second suit is regarding the properties which were not included in the 1st suit. The earlier suit is of the year 1995 and it had been decreed and final decree proceedings had already started in 1996. I do not find any reason to grant the prayer.
