BY AD v. P.K.MUHAMMED

HAROON AGED 66 YEARS S/O MUHAMMED KUNJU, RESIDING AT AISWARYAM, PALLIPPURAM P.O, THIRUVANANTHAPURAM TALUK, THIRUVANANTHAPURAM DISTRICT,, PIN - 695316 SHAMMAS AGED 29 YEARS S/O NIZAR, NIZAR MANZIL, ALUMMOODU, KANIYAPURAM P.O, PALLIPPURAM VILLAGE, THIRUVANANTHAPURAM DISTRICT,, PIN - 695301 NUJUMUDEEN AGED 49 YEARS S/O. SHAMSUDEEN, SATHYA VILASOM, BUNGLOW, NEAR CRPF, PALLIPPURAM P.O., THIRUVANANTHAPURAM DISTRICT,, PIN - 695316 NIZAR AGED 58 YEARS S/O ABDUL AZEEZ, SALIM NIVAS, NAMBIARUKULAM, KANIYAPURAM.P.O., THIRUVANANTHAPURAM. DISTRICT,, PIN - 695301 FIROZ AGED 57 YEARS S/O ALIYARU KUNJU, VADAKKATHIL VEEDU, KANIYAPURAM P.O., PALLIPPURAM VILLAGE, THIRUVANANTHAPURAM DISTRICT,, PIN - 695301 BY ADVS. P.K.MUHAMMED SALIM KUMAR A. RESPONDENTS/PETITIONERS 1 TO 3 IN I.A.NO.3/2023 IN O.S.NO.36 OF 2023 & ADDL & ADDL DEFENDANTS 6 TO 16 IN O.S.NO.36/2023 / PETITIONERS 1 TO 3 IN I.A.NO.4/2023 IN O.S.NO.36 OF 2023 AND O.P.(C).No. 104 of 2024 ..2.. NECESSARY PARTIES/COUNTER PETITIONERS 1 TO 3 IN I.S.NO.3/ 2023 IN O.S.NO.36 OF 2023 /PLAINTIFFS1 TO 3 IN O.S.NO.36/ 2023 AND NECESSARY PARTES : 1 2 3 4 5 6 7 GUARDIANS' EDUCATIONAL AND CHARITABLE TRUST MODERN GARDENS, CRPF, PALLIPPURAM, PALLIPPURAM P.O., PALLIPPURAM VILLAGE, THIRUVANANTHAPURAM DISTRICT, REPRESENTED BY ITS SECRETARY, MR. KABEER @ KABEER CHANNANKARA, CHANNANKARA AGED 62 YEARS, S/O ABOOBACKER KUNJU, RESIDING AT DARUL HASEEB, CHANNANKARA P.O., KADINAMKULAM VILLAGE, THIRUVANANTHAPURAM DISTRICT,, PIN - 695301 MR. KABEER @ KABEER CHANNANKARA AGED 62 YEARS S/O ABOOBACKER KUNJU, RESIDING AT DARUL HASEEB, CHANNANKARA P.O., KADINAMKULAM VILLAGE, THIRUVANANTHAPURAM DISTRICT,, PIN - 695301 MR. SHIBU.M. AGED 49 YEARS S/O MUHAMMED IBRAHIM RESIDING AT T.C. 928, PRAKRITHI, KUMARAPURAM, MEDICAL COLLEGE.P.O, THIRUVANANTHAPURAM DISTRICT, PIN - 695011, FROM KADAYIL VEEDU, PULLAMPARA VILLAGE, NEDUMANGADU TALUK, THIRUVANANTHAPURAM DISTRICT,, PIN - 695607 M. SALIM AGED 61 YEARS S/O MUHAMMED MAIDEEN, RESIDING AT HIRA, KALIYILIL VEEDU, CHERUKAYALKKARA, EDAVILAKOM, MURUKKUMPUZHA P.O., VEILOOR VILLAGE, THIRUVANANTHAPURAM TALUK, THIRUVANANTHAPURAM DISTRICT,, PIN - 695302 ABDUL KHALAM AGED 60 YEARS S/O IBRAHIM, RESIDING AT IRSHAD MANZIL, KANIYAPURAM.P.O., THIRUVANANTHAPURAM, PIN - 695301 M.M. HASSAN AGED 58 YEARS S/O SAIDU MOULAVI, RESIDING AT HIDAYA, PALLIPPURAM.P.O., PALLIPPURAM VILLAGE, THIRUVANANTHAPURAM DISTRICT, PIN - 695541 SAIFUDEEN AGED 58 YEARS O.P.(C).No. 104 of 2024 ..3.. 8 9 10 11 12 13 14 S/O M. MUHAMMED HANEEFA, RESIDING AT MAMMOOTTIL HOUSE, KURAIKKODE, MANGALAPURAM, PALLIPPURAM.P.O., VEILOOR VILLAGE, THIRUVANANTHAPURAM TALUK, THIRUVANANTHAPURAM DISTRICT,, PIN - 695302 AYOOBKHAN AGED 55 YEARS S/O ASANARU PILLAI, RESIDING AT ROSE VILLA, KARICHARA, PALLIPPURAM.P.O., THIRUVANANTHAPURAM DISTRICT, PIN - 695541 BAIJUKHAN AGED 55 YEARS ABDUL RAHIM, LOTUS, ANDOORKKONAM.P.O., THIRUVANANTHAPURAM, PIN - 695584 AHAMMED KABEER AGED 71 YEARS S/O ABDUL HAKKIM, RESIDING AT KOODATHITTAYIL, GRAP 353, PALLIPPURAM.P.O., THIRUVANANTHAPURAM DISTRICT, PIN - 695541 SAJIL.A. AGED 42 YEARS S/O ABDHUL SALAM, RESIDING AT PANOOR HOUSE, NEAR RAILWAY GATE, MURUKKUMPUZHA.P:O., THIRUVANANTHAPURAM, PIN - 695302 RIYAS AGED 23 YEARS S/O SHANVAS, RIYAS MANZIL, NAMBYARKULAM, KANIYAPURAM.P.O., THIRUVANANTHAPURAM, PIN - 695301 ALI HUQ NAJEETH AGED 69 YEARS S/O ALI HAQ, RESIDING AT PANIKKAKUDI HOUSE, KURAKKANNI, VARKALA VILLAGE, VARKALA TALUK, THIRUVANANTHAPURAM, PIN - 695141 NOUSHAD MUHAMMED AGED 52 YEARS S/O MUHAMMED HANEEFA, RESIDING AT THENGUVILA HOUSE, KODUVAZHANNOOR.P.O., KODUVAZHANNOOR VILLAGE, CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM, PIN - 695612 THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON

19.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.(C).No. 104 of 2024 ..4.. J U D G M E N T Dated this the 19th day of January, 2024 Petitioners are defendants 1 to 5 in O.S.No.36/2023. They are aggrieved by Ext.P17 and Ext.P19 orders, which allowed an amendment application and dismissed the Review Petition sought for, challenging the said amendment being allowed.

2. Heard the learned counsel for the petitioners and the learned counsel for 3rd respondent. Though, notice to other respondents has been served by special messenger, they have not chosen to appear before this Court today.

3. According to the petitioners, the amendment was preferred belatedly and the same was allowed, necessitating the petitioners/defendants to file O.P.(C).No. 104 of 2024 ..5.. additional written statement. This Court by Ext.P9 judgment, fixed an ultimatum to dispose of the suit afore-referred, within a period of six months from Ext.P9, which commenced from

09.08.2023. It was also pointed out that, as could be seen from Ext.P10 proceedings, the respondents herein carried a challenge to Ext.P9 before the Hon'ble Supreme Court. However, leave was not granted, as could be seen from Ext.P10 order dated 06.09.2023. The limited relief, now pressed before this Court by the petitioners, is to enable them to file additional pleadings based on the amendment and permit them to have a breathing time to adduce evidence. If an extension of the period fixed by this Court under Ext.P9 order is required for the said purpose, the same may also be considered, is the submission made by the learned counsel for the petitioners. O.P.(C).No. 104 of 2024 ..6..

4. Although, this limited prayer was opposed by the learned counsel for the respondents, this Court is of the view that, the same can be allowed. The petitioners are only seeking time to file additional pleadings, which was occasioned only on account of the amendment to the plaint and also on account of certain additional defendants being impleaded. The additional defendants may also have to place their pleadings before the Court.

5. In this circumstance, it would be reasonable to permit the petitioners to file an additional written statement and also, the additionally impleaded defendants to place their written statement before the court below. The same shall be allowed by the court below. The trial, which has already been commenced, will remain stayed, so as to enable the petitioners and additionally impleaded defendants to place on record their O.P.(C).No. 104 of 2024 ..7.. pleadings/additional pleadings. Once the pleadings are complete, a breathing time shall be granted to the petitioners, as also, the additional defendants, to take steps for the purpose of evidence. Thereafter, the evidence shall continue from the stage, where it is being stalled as per this order. If, in case, any witness is to be re-called, based on the additional pleadings, the same shall be allowed. If the court below finds that the period of six months is required to be extended, the court below will place necessary application before this Court for the same. This Court also clarifies that the period of six months will be reckoned from 06.09.2023, which is the date on which Ext.P10 order was passed by the Hon'ble Supreme Court. It is clarified that, the additional written statement, as also, the written statement of the additional defendants, shall be placed on record within a period of 15 O.P.(C).No. 104 of 2024 ..8.. days from today. With the afore-referred observations, this Original Petition will stand disposed of. TR Sd/- C. JAYACHANDRAN JUDGE O.P.(C).No. 104 of 2024 ..9.. APPENDIX OF OP(C) 104/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PLAINT IN O.S. NO.36/2023 FILED BY THE RESPONDENTS 1 TO 3 ON THE FILE OF SUB COURT, ATTINGAL DATED 9.3.2023 CLAIMING THEMSELVES AS THE OFFICE BEARERS OF THE TRUST TRUE COPY OF THE I.A. NO.1/2023 IN O.S. NO.36/2023 ON THE FILE OF SUB COURT, ATTINGAL DATED 9.3.2023 FOR INJUNCTION FILED BY THE 2ND AND 3RD RESPONDENTS CLAIMING THEMSELVES AS THE OFFICE BEARERS OF THE 1ST RESPONDENT TRUE COPY OF THE PRELIMINARY OBJECTION DATED 15.3.2023 FILED BY THE PETITIONERS HEREIN ON THE FILE OF SUB COURT, ATTINGAL TO INJUNCTION APPLICATION I.E. I.A. NO.1/2023 IN O.S. NO.36/2023 TRUE COPY OF THE ORDER DATED 13.4.2023 IN I.A. NO.1/2023 IN O.S. NO.36/2023 PASSED BY SUB COURT, ATTINGAL GRANTING TEMPORARY INJUNCTION AGAINST THE PETITIONERS HEREIN TRUE COPY OF THE ORDER PASSED BY THE HON'BLE HIGH COURT IN F.A.O. 52/2023 DATED 09/06/2023 TRUE COPY OF THE PROCEEDINGS OF THE ADVOCATE COMMISSIONER WITH RESPECT TO ELECTION NOTIFICATION AND PUBLICATION OF DRAFT VOTERS LIST PUBLISHED BY THE ADVOCATE COMMISSIONER TRUE COPY OF THE REPORT SUBMITTED BY THE ADVOCATE COMMISSIONER IN F.A.O. NO.52/2023 DATED 7.7.2023 ON THE FILE OF HON'BLE HIGH COURT OF KERALA TRUE COPY OF THE PROCEEDINGS OF ADVOCATE COMMISSIONER DECLARING THE ELECTION RESULT AS PER ORDER DATED 9.6.2023 OF THE HON'BLE HIGH COURT OF KERALA IN F.A.O. NO.52/2023 TRUE COPY OF THE JUDGMENT PASSED BY THE HON'BLE HIGH COURT IN F.A.O. NO. Exhibit P2 Exhibit P3 Exhibit P4 Exhibit P5 Exhibit P6 Exhibit P7 Exhibit P8 Exhibit P9 O.P.(C).No. 104 of 2024 ..10.. Exhibit P10 Exhibit P11 Exhibit P12 Exhibit P13 Exhibit P14 Exhibit P15 Exhibit P16 Exhibit P17 Exhibit P18 Exhibit P19 Exhibit P20 52/2023 DATED 9.8.2023 TRUE COPY OF THE ORDER IN SPECIAL LEAVE PETITION 18890/2023 DATED 6.9.2023 OF THE HON'BLE SUPREME COURT TRUE COPY OF THE WRITTEN STATEMENT IN O.S. NO.36/2023 DATED NIL ON THE FILE OF SUB COURT, ATTINGAL FILED BY THE PETITIONERS HEREIN/DEFENDANTS TRUE COPY OF THE IMPLEADING PETITION I.E. I.A. NO.3/2023 IN O.S. NO.36/2023 DATED 26.9.2023 ON THE FILE OF SUB COURT, ATTINGAL FILED BY THE RESPONDENTS 1 TO 3 HEREIN TRUE COPY OF THE AMENDMENT PETITION I.E. I.A. NO.4/2023 IN O.S. NO.36/2023 DATED 26.9.2023 ON THE FILE OF SUB COURT, ATTINGAL FILED BY THE RESPONDENTS 1 TO 3 HEREIN TRUE COPY OF THE COUNTER AFFIDAVIT TO IMPLEADING PETITION I.A. NO.3/2023 IN O.S. NO.36/2023 ON THE FILE OF SUB COURT, ATTINGAL DATED 16.10.2023 TRUE COPY OF THE ORDER IN I.A. NO.3/2023 IN O.S. NO.36/2023 OF THE SUB COURT, ATTINGAL DATED 1.1.2023 TRUE COPY OF THE OBJECTION TO I.A. NO.4/2023 AMENDMENT PETITION IN O.S. NO.36/2023 ON THE FILE OF SUB COURT, ATTINGAL DATED 17.10.2023 TRUE COPY OF THE ORDER IN I.A. NO.4/2023 IN O.S. NO.36/2023 OF THE SUB COURT, ATTINGAL ALLOWING AMENDMENT PETITION IN I.A. NO.4/23 IN O.S. 36/2023 DATED 28.11.2023 TRUE COPY OF THE REVIEW PETITION IN I.A. NO.6/2023 IN O.S. NO.36/2023 ON THE FILE OF SUB COURT, ATTINGAL DATED 6.1.2024 TRUE COPY OF THE ORDER IN I.A. NO.6/2024 IN O.S. NO.36/2023 OF THE SUB COURT, ATTINGAL DISMISSING EXHIBIT-P18 REVIEW PETITION DATED 11.1.2024 TRUE COPY OF THE CASE STATUS DOWNLOADED FROM THE OFFICIAL WEBSITE OF THE SUB COURT, ATTINGAL SHOWING THE PROCEEDINGS O.P.(C).No. 104 of 2024 ..11.. Exhibit P21 Exhibit P22 OF THE COURT ON 10/01/2024 WITH RESPECT TO O.S. NO.36/2023 TRUE COPY OF THE CASE STATUS DOWNLOADED FROM THE OFFICIAL WEBSITE OF THE SUB COURT, ATTINGAL SHOWING THE PROCEEDINGS OF THE COURT ON 11/01/2024 WITH RESPECT TO O.S. NO.36/2023 TRUE COPY OF THE CASE STATUS DOWNLOADED FROM THE OFFICIAL WEBSITE OF THE SUB COURT, ATTINGAL SHOWING THE PROCEEDINGS OF THE COURT ON 12/01/2024 WITH RESPECT TO O.S. NO.36/2023