IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 2ND JUNE 2010 / 12TH JYAISTHA 1932 WP(C).No. 16387 of 2010(O) -------------------------- OS.13/2009 of SUB COURT, PERUMBAVOOR .................... PETITIONERS: --------------- 1. SAINABA, AGED 73 YEARS, W/O. PARETH, MOLATH VEETIL, SOUTH VAZHAKULAM. 2. ABDUL HUSSAIN, AGED 43 YEARS, MANJANTHURUTHIL THOTTAKATTU KARA, ALUVA. BY ADV. SRI.A.T.ANILKUMAR SMT.V.SHYLAJA RESPONDENTS: --------------- 1. SAITHUKUNJU.C.M. AGED 64 YEARS, S/O. LATE SHEREEFA,CHITTETHUKUDY HOUSE, PONJASSERRY.P.O., VENGLOLA VILLAGE, THANDEKKADE. 2. MUHAMMEDALI.C.M. AGED 53 YEARS, S/O. LATE SHEREEFA,CHITTETHUKUDY HOUSE, PONJASSERRY.P.O., VENGOLA VILLAGE, THANDEKKADE. 3. KAREEM.C.M. AGED 49 YEARS, S/O. LATE SHEREEFA,CHITTETHUKUDY HOUSE, PONJASSERRY.P.O., VENGOLA VILLAGE, THANDEKKADE. 4. YUSEEF C.M. AGED 43 YEARS, S/O. LATE SHEREEFA,CHITTETHUKUDY HOUSE, PONJASSERRY.P.O., VENGOLA VILLAGE, THANDEKKADE. 5. KHADEEJAKUNJ, AGED 59 YEARS, D/O. LATE SHEREEFA,CHITTETHUKUDY HOUSE, PONJASSERRY.P.O., VENGOLA VILLAGE, THANDEKKADE. WP(C).No. 16387 of 2010(O) 6. AYSHA, AGED 46 YEARS, D/O. LATE SHEREEFA,CHITTETHUKUDY HOUSE, PONJASSERRY.P.O., VENGOLA VILLAGE, THANDEKKADE. 7. ABIDA AGED 38 YEARS, D/O. LATE SHEREEFA, CHITTETHUKUDY HOUSE, PONJASSERRY.P.O., VENGOLA VILLAGE, THANDEKKADE. 8. ABDUKUNJU, AGED 47 YEARS, S/O. LATE PATHUMMA, VADAKKADATHU ALUVA EAST VILLAGE, KUNCHATTUKARA. 9. KOCHU MOIDEEN, AGED 56 YEARS, S/O. LATE AYSHUMMA, MANJANTHURUTHIL HOUSE, ALUVA EAST VILLAGE, THOTTAKKATTUKARA. 10. MUHAMMEDALI, AGED 55 YEARS, S/O. LATE AYSHUMMA, MANJANTHURUTHIL HOUSE, THOTTAKATTU KARA, ALUVA. 11. ABDULKAREEM AGED 53 YEARS, S/O. LATE AYSHUMMA, MANJANTHURUTHIL HOUSE, ALUVA EAST VILLAGE, THOATTAKKATUKARA, 12. ABDUL MAJEED, AGED 48 YEARS, S/O. LATE AYSHUMMA, MANJANTHURUTHIL HOUSE, ALUVA EAST VILLAGE, THOTTAKKATUKARA. 13. ABDUL HASHEEM AGED 46 YEARS, S/O. LATE AYSHUMMA, MANJANTHURUTHIL HOUSE, ALUVA EAST VILLAGE, THOTTAKKATTUKARA. 14. KUNJUBEEVI, AGED 45 YEARS, D/O. LATE KHADEEJA, EDATHALA MAROTTIKKA HOUSE, ALUVA EAST VILLAGE, ANPUNAD KARA. 15. SAITHALI, AGED 79 YEARS S/O. URAAN, EDATHALA MAROTTIKKA HOUSE, ALUVA EAST VILLAGE, ANPUNAD KARA. 16. SAITHALAVI, AGED 47 YEARS, S/O. IBRAHIMKUTTY, MALEKUDY HOUSE, VENGOLA VILLAGE, VENGOLA KARA, PONJASSERY.P.O. 17. ABDUL KHADER, AGED 42 YEARS, S/O. IBRAHIMKUTTY, MALEKUDY HOUSE, VENGOLA VILLAGE, VENGOLA KARA, PONJASSERRY.P.O. 18. SUHARA, AGED 52 YEARS, D/O IBRAHIMKUTTY, MALEKUDY HOUSE, VENGOLA VILLAGE, VENGOLA KARA, PONJASSERRY.P.O. WP(C).No. 16387 of 2010(O) 19. SUBAIDA, AGED 50 YEARS, D/O IBRAHIMKUTTY, MALEKUDY HOUSE, VENGOLA VILLAGE, VENGOLA KARA, PONJASSERRY.P.O. 20. FATHIMA, AGED 74 YEARS, W/O. IBRAHIMKUTTY, MALEKUDY HOUSE, VENGOLA VILLAGE, VENGOLA KARA, PONJASSERRY.P.O. ADV. SMT.AATHIRA T.DAS FOR R1 TO R15 SRI.V.RAJENDRAN (PERUMBAVOOR) FOR R16 & 18 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 16387 of 2010(O) APPENDIX PETITIONERS' EXHIBITS:- EXHIBIT P1: Plaint. EXHIBIT P2: Death Certificate issued by the Champarath Kunnu Muslim Jamaath Committee, dated 01/03/2009. EXHIBIT P3: Death Certificate issued by Cheruveli Kunnu Muslim Jamaath Committee shows that the date of death of Ibrahim Kutty is 18/09/1966. EXHIBIT P4: Report. EXHIBIT P5: Rejection order. RESPONDENTS' EXHIBITS: Nil True copy P.A. to Judge THOMAS P JOSEPH, J. ---------------------------------------- W.P.C.No. 16387 of 2010 --------------------------------------- Dated this 03rd day of June, 2010 JUDGMENT All the respondents are served. Respondent Nos.16 and 18 appear through counsel. There is no response for others. 2. The prayer in the writ petition is to direct learned Sub Judge, Perumbavoor to adjourn trial of O.S.No.13 of 2009 for a period of six months. That is a suit for partition filed by petitioners claiming that suit property belonged to Ibrahim Kutty, brother of petitioner No.1 who according to the petitioners expired on 18-09- 1966, followed by mother of petitioner No.1 and the said Ibrahim Kutty expiring on 25-11-1972. According to the petitioners they are also entitled to share in the suit property consequent to the death of the brother and mother of petitioner No.1. The contesting respondents opposed the claim of petitioners on the ground that mother of petitioner No.1 predeceased his brother and hence petitioners are not entitled to get any share. Thus the real dispute between the parties is whether the mother predeceased brother of petitioner No.1. Petitioners applied for certificate of death of the mother and brother of petitioner No.1 but as the death were not registered on time they could not get the certificates. Thereon they W.P.C.No.16387 of 2010 : 2 : approached the Revenue Divisional Officer concerned but, he refused to accept the request of petitioners as the suit is pending consideration in the court of learned Sub Judge. Challenging that order of Revenue Divisional Officer petitioners have filed a writ petition in this court which is pending consideration. According to the petitioners if the suit is tried before the death certificates are not obtained it will end in dismissal of the suit. Hence the writ petition. 3. I have heard counsel for petitioners and respondent Nos.16 and 18. Having regard to the facts and circumstances of the case and in order to decide the controversy involved certificates of death suggested by the petitioners is necessary. The trial of the suit without the said certificate could not be effective. In the circumstance, I am inclined to allow the request of petitioners. Resultantly the writ petition allowed. Learned Sub Judge is directed to defer trial of O.S.No.13 of 2009 for a period of six months from this day. (THOMAS P JOSEPH, JUDGE) Sbna/-