RAMLA Vs. KHADEEJA

JUDGEMENT

(1.) Confronted with Ext P7 order passed in IA No.6/2022 in OS No.171/2021 by the Court of the Munsiff, Muvattupuzha, the plaintiff in the suit has filed the original petition. The respondents are the defendants in the suit.

(2.) The relevant facts leading to Ext P7 order, are: the petitioner has filed the suit for a decree of partition. The suit is resisted by the respondents 1 to 8 through Ext P2 written statement. The respondents also produced Ext P3 document to substantiate that the petitioner had relinquished her right over the property. The petitioner has filed Ext P4 subsequent pleadings and the respondents have filed Ext P5 rejoinder. The court below formulated six issues. On finding that the court below had casted wrong issues, the petitioner filed Ext P6 application to delete issues 1 to 3 and to cast two additional issues. The court below, by impugned Ext P7 order, dismissed Ext P6 application. Ext P7 is ex facie illegal and unsustainable in law. Hence, the original petition.

(3.) Heard; Sri.P.M Rafeek, the learned counsel appearing for the petitioner and Sri.Alias M.Cherian, the learned counsel appearing for the respondents.