K.M.Ahamed Nizar vs S.L.Kunhibi
2021 Latest Caselaw 15967 Ker

OP(C) No.387/2021                              1/3

                           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                           PRESENT
                              THE HONOURABLE MR.JUSTICE V.G.ARUN
                    Monday, the 2nd day of August 2021 / 11th Sravana, 1943

                                    OP(C) NO. 387 OF 2021


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 ADVOCATES: S.VINOD BHAT, M.S.IMTHIYAZ AHAMMED,ANAGHA LAKSHMY RAMAN
    &                                        GREESHMA CHANDRIKA.R.

   RESPONDENTS/ DEFENDANTS 1 TO 5:

        1. 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.

        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 orders on 2/8/2021 upon perusing
   the letter dated    22-06-2021 from sub judge,kasargod and this court's
   Judgment dated 08-04-2021 and the court on the same day passed       the
   following.


                                                              [PTO]
 OP(C) No.387/2021                                            2/3




                                                    V.G.ARUN, J.
                            ...................................................................
                                           O.P (C) No. 387 of 2021
                           .....................................................................
                              Dated this the 2nd day of August, 2021

                                                     ORDER

This is a letter from the Subordinate Judge,

Kasaragode seeking extension of the time limit fixed by this

Court for disposal of I.A Nos. 2 of 2020, 5 of 2020 & 6 of

2020 in F.D.I.A. No. 1 of 2020 in O.S No. 14 of 2014. By

judgment dated 8.4.2021 in O.P(C) No. 387 of 2021, this

Court had directed the Court below to dispose the

applications within one month of reopening of the Court

after summer vacation. In the letter dated 22.06.2021, the

learned Sub Judge has stated that notice is yet to be served

on 18 respondents and process for securing their presence

is not completed. Hence, five more months time will be

required for disposing the matter.

2.Learned counsel on either side submits that draft

paper publication for effecting service on the 18

respondents has been produced and the service in all

respondents will be completed in a short while. According

to the counsel, it will be possible for the learned judge to OP(C) No.387/2021 3/3

dispose the application in a month's time. Having

considered the report, the submissions of the learned

counsel and taking into account of the intervening Onam

holidays, the time stipulated for disposing the interlocutory

application is extended by a further period of two months.

The learned Sub Judge shall take earnest efforts to dispose

the applications within the extended time limit.

Sd/-

V.G.ARUN JUDGE

SJ

02-08-2021 /True Copy/ Assistant Registrar