IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 6TH JULY 2010 / 15TH ASHADHA 1932 AS.No. 779 of 1998() ------------------------------- OS.783/1995 of III ADDL.SUB COURT, KOZHIKODE .................... APPELLANT(S): DEFENDANTS ----------------------- 1. IRSHADUL MUSLIMEEN SANGHAM, POONOOR, THACHAMPOYIL P.O., KOZHIKODE , REP.BY ITS SECRETARY M.P.ALI HAJI. 2. IRSHADUL MUSLIMEEN SANGHAM, POONOOR, THACHAMPOYIL P.O., BY PRESIDENT M.ABDURAHIMAN. BY SRI.K.P.DANDAPANI, SENIOR ADVOCATE RESPONDENT(S): PLAINTIFF ------------------------- POOKOTTU JUMA MASJID COMMITTEE, REP.BY ITS SECRETARY WARD NO.4, TSS.P. 247, THAMARASSERY, KOZHIKODE. ADV. SRI.P.V.JYOTHI PRASAD THIS APPEAL SUITS HAVING COME UP FOR ADMISSION ON 06/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP. NO.6293/1998 IN AS. NO.779/1998 DISMISSED 06/07/2010 SD/- M.N.KRISHNAN, JUDGE TRUE COPY P.A. TO JUDGE tss M.N. KRISHNAN, J. ........................................... A.S.NO.779 OF 1998 ............................................. Dated this the 6th day of July, 2010. J U D G M E N T This is an appeal preferred against the judgment and decree of the Subordinate Judge's Court, Kozhikode in O.S.No.783/1995. The suit is one for partition. The court below has granted a decree for partition and the subject matter appears to be connected with the Juma Masgid Committee. The judgment does not reflect how the court arrived at regarding the partability of the property. 2. I do not want to elaborate for the reason that the matter requires reconsideration by the court. Therefore the judgment and decree of the trial court are set aside and the matter is remitted back to the trial court for a fresh consideration after permitting all concerned to produce documentary as well as oral evidence in support of their respective contentions and in case of non-filing of written statement, permission be granted to file written statement, frame appropriate issues and dispose of the matter in accordance with law. Parties are directed to appear before the court on 10.8.2010. In case the plaintiff does not appear : 2 : A.S.NO.779 OF 1998 on that day, the defendants are directed to take out notice to the plaintiff for further consideration of the matter. Transmit the records back to the court concerned. Disposed of accordingly. M.N. KRISHNAN, JUDGE. cl : 3 : A.S.NO.779 OF 1998 M.N. KRISHNAN, J. ........................................... A.S.NO.779 OF 1998 ............................................. 6th day of July, 2010. J U D G M E N T