AHAMMED RAWTHER, AGED 70 YEARS, ABBANI RAWTHER, KONNAYIL VEEDU, MANNADI MURI, KADAMPANADU VILLAGE, PIN Vs. KALAMALA MUSLIM PALLI, ELANGAMANGALAM MURI, ENATHU VILLAGE, ADOOR TALUK, PIN: 691526

JUDGEMENT

(1.) The petitioners in Original Petition(Civil) No. 680 of 2016 are the additional defendant Nos. 20 - 27 and the respondents are plaintiffs and other defendants, in Original Suit No. 265 of 2011 of the Sub Court, Pathanamthitta. The suit is filed, praying for the settlement of a new scheme with respect to the administration of property owned by the 1st respondent, Mosque. The petitioner in Original Petition(Civil) No. 681 of 2016 is the plaintiff in Original Suit No. 272 of 2012 of the aforesaid court and the respondents are defendants therein. This suit is filed for declaration of title with respect to the property owned by the Mosque, ignoring the partition deed executed with respect to some portion of the aforesaid property.

(2.) The petitioners in Original Petition(Civil) No. 680 of 2016, who are the additional defendants in Original Suit No. 265 of 2011, filed Interlocutory Application No. 20 of 2016 in Original Suit No. 265 of 2011, seeking joint trial with Original Suit No. 272 of 2012 of the same court. But, the trial court dismissed the said application, by Ext.P6 order in Original Petition(Civil) No. 680 of 2016. Similarly, the petitioner in Original Petition(Civil) No. 681 of 2016, who is the plaintiff in Original Suit No. 272 of 2012 filed Interlocutory Application No. 42 of 2016 in Original Suit No. 272 of 2012, seeking joint trial with Original Suit No. 265 of 2011. But, the trial court dismissed the said application, by Ext.P5 order in Original Petition (Civil) No. 681 of 2016. Thus, legality and correctness of the reasonings, whereby the applications filed in both suits, Original Suit Nos. 265 of 2011 and 272 of 2012, for joint trial, stand dismissed, are challenged in these Original Petitions (Civil).

(3.) Heard the learned counsel for the petitioners and the learned counsel appearing for the respondents.