Moweri Mohanan vs Moweri Meenakshi

Citation : 2024 Latest Caselaw 10634 Ker
Judgement Date : 11 April, 2024

Kerala High Court

Moweri Mohanan vs Moweri Meenakshi on 11 April, 2024

Author: P.Somarajan

Bench: P.Somarajan

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT
                  THE HONOURABLE MR. JUSTICE P.SOMARAJAN
         Thursday, the 11th day of April 2024 / 22nd Chaithra, 1946

                           OP(C) NO. 986 OF 2023

      FDIA 5214/2013 IN O.S 505/2012 OF THE MUNSIFF'S COURT, KANNUR.

PETITIONER/ PETITIONER/ PLAINTIFF:

     MOWERI MOHANAN, AGED 67 YEARS, S/O. M.RAMAN, RESIDING AT AISWARYA,
     PANANKAVU, P.O.CHIRAKKAL, KANNUR DISTRICT, PIN - 670 011.

   BY ADVS. M/S T.K.VIPINDAS, K.V.SREE VINAYAKAN, K.M.MUHAMMED HUSSAIN
   & CHANDRAKANTH K. ULLAS

RESPONDENTS/ RESPONDENTS/ DEFENDANTS:

  1. MOWERI MEENAKSHI, AGED 84 YEARS, D/O. M.RAMAN, RESIDING AT
     "PUTHIYONNAN HOUSE", EDAKKA AMSOM, KIZHUNNA DESOM, KANNUR, PIN -
     670 007.
  2. MOWERI KARTHYAYANI, AGED 81 YEARS, D/O. M.RAMAN, RESIDING AT
     "SHEEJAS", NEAR CIVIL STATION, KOZHIKODE, KOZHIKODE DISTRICT, PIN -
     673 001.
  3. MOWERI SUSHEELA, AGED 75 YEARS, D/O. M.RAMAN, RESIDING AT "ORAKKAN
     HOUSE", KOOTHUPARAMBA AMSOM AND DESOM, KANNUR, PIN - 670 643.
  4. MOWERI VENUGOPALAN, AGED 69 YEARS, S/O. M.RAMAN, MOWERI HOUSE, NEAR
     PUTHIYATHERU, MANDAPAM, CHIRAKKAL AMSOM DESOM, KANNUR DISTRICT, PIN
     - 670 011.
  5. MOWERI PRAMEELA, AGED 71 YEARS, D/O. M.RAMAN, RESIDING AT
     "VRINDAVAN", PUZHATHI AMSOM, PALLIKKUNNU DESOM, P.O.PALLIKUNNU,
     KANNUR, PIN - 670 004.

    BY ADVS. M/S. A.L.GEORGE FOR R1 to R3 &
    SRI. MAHESH V. RAMAKRISHNAN FOR R4

     This OP (Civil) having come up for orders on 11-04-2024, upon
perusing the letter dated 17-01-2024 of Additional Munsiff, Kannur and
this court's judgment dated 22-05-2023, the court on the same day passed
the following;


                                                                       (PTO)
                          P.SOMARAJAN, J.
                        -------------------------
                     OP(C) No.986 of 2023
        --------------------------------------------------------
           Dated this the 11th day of April, 2024

                                 ORDER

It is reported by the present officer occupying the office of Additional Munsiff, Kannur that his predecessor-in-office had earlier sought extension of time to dispose final decree application in 5214/2013 after the expiry of the time schedule of three months on 21/08/2023. This Court based on the letter dated 16/08/2023 issued by the predecessor, three months further time was granted and that was expired on 21/11/2023. It was not complied with by the officer within that time and no further extension was sought and thereby flouted the direction issued by this court. It is also reported that subsequently he was transferred on 29/11/2023. Hence, the Registry is hereby directed to call for explanation from the then officer (presently Judicial First Class Magistrate, Kannur) as to why contempt proceedings shall not be initiated under Section 2(b) of Contempt of Court Act, OP(C) No.986 of 2023 2 1971 against him for the wilful disobedience of the direction of this court by way of judgment as well as subsequent order based on the letter dated 16/08/2023. Explanation shall be placed before this court on 20/05/2024 to proceed further in the matter.

Sd/-

P.SOMARAJAN JUDGE msp 11-04-2024 /True Copy/ Assistant Registrar