K.M.Ahamed Nizar vs Smt.S.L.Kunhibi
2021 Latest Caselaw 11502 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

             THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR

    THURSDAY, THE 08TH DAY OF APRIL 2021 / 18TH CHAITHRA, 1943

                         OP(C).No.387 OF 2021

(I.A.NOS.2/2020,5/2020& 6/2020 IN F.D.I.A.1/2020 IN OS 14/2014 OF
                      SUB COURT, KASARAGOD)


PETITIONER(PLAINTIFF):

             K.M.AHAMED NIZAR
             AGED 43 YEARS
             S/O. LATE T.B.KUNHIMAHIN HAJI,
             RESIDING AT PADHOOR HOUSE,
             THEKKIL P.O,
             CHATTANCHAL,
             KASARAGOD,
             NOW RESIDING AT FLAT NO.504,
             KRISHVI LAPALMA APARTMENT,
             68/B,JOGHUPALAYA,
             MAIN ROAD,
             ULSOOR, BANGALORE-560 008,
             KARNATAKA STATE

             BY ADVS.
             SRI.S.VINOD BHAT
             SRI.M.S.IMTHIYAZ AHAMMED
             KUM.ANAGHA LAKSHMY RAMAN
             SMT.GREESHMA CHANDRIKA.R

RESPONDENTS/DEFENDANTS 1 TO 5:

      1      SMT.S.L.KUNHIBI
             AGED 72 YEARS
             WIFE OF LATE T.B.KUNHI MAHIN HAJI,
             PADHOOR HOUSE,
             THEKKIL P.O.,
             KASARAGOD,PIN-671 541

      2      SMT.THAHIRA ALI,
             AGED 55 YEARS
             DAUGHTER OF LATE T.B.KUNHI MAHIN HAJI,
             PADHOOR HOUSE, THEKKIL P.O.,
             KASARAGOD,PIN-671 541
 OP(C).No.387 OF 2021

                                 2

       3       MOHAMMED SHERIEF KUNHI MAHIN
               AGED 50 YEARS
               SON OF LATE T.B.KUNHI MAHIN HAJI,
               PADHOOR HOUSE,
               THEKKIL P.O.,
               KASARAGOD,PIN-671 541

       4       KUNHIMAHIN MOIDHEEN KUNHI
               AGED 50 YEARS
               SON OF LATE T.B.KUNHI MAHIN HAJI,
               PADHOOR HOUSE, THEKKIL P.O.,
               KASARAGOD,PIN-671 541

       5       SMT.ARIFA KUNHI MAHIN
               AGED 43 YEARS
               D/O.LATE T.B.KUNHI MAHIN HAJI,
               PADHOOR HOUSE, THEKKIL P.O.,
               KASARAGOD,PIN-671 541

               R1-5 BY ADV. SRI.T.A.UNNIKRISHNAN
               R1-5 BY ADV. SRI.K.K.AKHIL

     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C).No.387 OF 2021

                                     3




                               JUDGMENT

Dated this the 8th day of April 2021

The petitioner in this O.P seeks a direction to be

issued to the court below for early disposal of Exts.P2, P4

and P5 applications within a time frame to be fixed by this

Court.

2. He is the plaintiff in O.S.No.14/2014 and the

applicant in Exts.P2 ,P4 and P5. A report was called for from

the court below in this respect. The court below has

intimated that the petitions could be taken up and finally

disposed of within a period of one month sine the date of

reopening of the court after vacation.

In the result, the O.P is allowed directing the

court below to dispose of Exts.P2, P4 and P5 applications

within one month since the date of reopening of court after

summer vacation.

Sd/-

T.V.ANILKUMAR JUDGE SMF OP(C).No.387 OF 2021

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 COPY OF JUDGMENT DATED 30.3.2019 OF SUB COURT, KASARAGOD

EXHIBIT P2 COPY OF PETITION IA NO.2/2020 IN OS 14/2014 OF SUB COURT, KASARAGOD

EXHIBIT P3 COPY OF THE PETITION F.D.I.A. 1/2020 IN OS 14/2014 OF SUB COURT, KASARAGOD

EXHIBIT P4 COPY OF THE PETITION IA 6/2020 IN F.D.I.A..1/2020 IN OS 14/2014 OF SUB COURT, KASARAGOD

//TRUE COPY// PA TO JUDGE