Ummathabi V vs P.T.Mujeeb Rahman
2021 Latest Caselaw 17357 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                 THE HONOURABLE MR.JUSTICE V.G.ARUN
      WEDNESDAY, THE 25TH DAY OF AUGUST 2021 / 3RD BHADRA, 1943
                          OP(C) NO. 1266 OF 2021
AGAINST THE ORDER/JUDGMENT IN OS 108/2020 OF PRINCIPAL MUNSIFF COURT
                               I, KOZHIKODE
PETITIONER/S/PLAINTIFF:

           UMMATHABI V
           AGED 80 YEARS, D/O MOIDEEN KUNJU,
           RESIDING AT RUMI HOUSE, 20/1249, PANNIYANKARA AMSOM
           DESOM, KOZHIKODE DISTRICT, PIN-673003

           BY ADVS.
           B.PREMNATH (E)
           SARATH M.S.



RESPONDENT/S/DEFENDANT:

           P.T.MUJEEB RAHMAN
           S/O BEERAN, AGED ABOUT 48 YEARS, 12/576, KALLAYI P.O.,
           NAGARAM AMSOM DESOM, KOZHIKODE TALUK, PIN-673003


     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 25.08.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO. 1266 OF 2021
                                2



                          JUDGMENT

The petitioner is the plaintiff in O.S.No.108 of 2020 on

the files of the Munsiff Court - I Kozhikode. The grievance of

the petitioner is regarding the delay in disposal of the suit. It

is submitted that the petitioner is a senior citizen aged 80

years and will be denied the fruits of the decree unless the

suit is expedited.

2. In the report called for by this Court, the learned

Munsiff has stated that the case can be disposed in two

months time if the parties co-operate.

3. Even though served with notice, the respondent

has not entered appearance.

Having considered the submissions made on behalf of

the petitioner and the report, I am inclined to dispose the

original petition directing the First Additional Munsiff, OP(C) NO. 1266 OF 2021

Kozhikode to take earnest efforts to dispose O.S.No.108 of

2020 within an outer limit of two months from the date of

receipt of a copy of this judgment.

SD/-

V.G.ARUN JUDGE

RK OP(C) NO. 1266 OF 2021

APPENDIX OF OP(C) 1266/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE ORDER IN R.C.P.

NO.264/2015 ON THE FILE OF THE RENT CONTROL COURT/ADDITIONAL MUNSIFF-I, KOZHIKODE, DATED 31.10.2019

Exhibit P2 TRUE COPY OF THE PLAINT FILED BY THE PETITIONER BEFORE THE HONOURABLE MUNSIFF COURT-I, KOZHIKODE, NUMBERED AS O.S.NO.108/2020, DATED 12.03.2020

Exhibit P3 TRUE COPY OF THE AFFIDAVIT AND PETITION FILED BY THE PETITIONER AS I.A.NO.3/2021 IN O.S.NO.108/2020 DATED 06.01.2021

Exhibit P4 TRUE COPY OF THE AFFIDAVIT AND PETITION FILED IN I.A.NO. 4 OF 2021 IN O.S. NO.108/2020 BEFORE THE HONOURABLE MUNSIFF COURT, KOZHIKODE, DATED 06.01.2021

Exhibit P5 TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE RESPONDENT IN O.S.NO.108/2020 BEFORE THE HONOURABLE MUNSIFF'S COURT-I, KOZHIKODE, DATED 18.03.2021

RESPONDENT'S EXHIBITS