Kerala High Court
S.Hyderkhan vs Vishnu Thambi on 19 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
TUESDAY, THE 19TH DAY OF JANUARY 2021 / 29TH POUSHA, 1942
OP(C).No.1879 OF 2020
E.A.968/16 IN E.P.NO.433/2013 AND E.A.NO.446/2020 IN E.A.968/2016
IN E.P.NO.433/2013 IN OS 202/2010 OF II ADDITIONAL SUB
COURT,KOZHIKODE
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PETITIONER:
S.HYDERKHAN
AGED 54 YEARS
S/O. SHAMSUDEENKHAN, THAZHAYIL, 28/2508,
CHINMAYA SCHOOL ROAD, THONDAYAD, NELLIKKODE P.O,
KOZHIKODE-673 016
BY ADVS.
SRI.K.SHIBILI NAHA
SMT.A.LOWSY
RESPONDENT/CLAIMANT & RESPONDENTS/PLAINTIFFS &
RESPONDENTS/DEFENDANTS:
1 VISHNU THAMBI
AGED 24 YEARS
S/O. K.S.SUDARSHAN, RESIDING AT SREENIDHI,
VALIYATHODI, GANDHI ROAD, POST NADAKKAVU, KACHIERI,
VILLAGE, KURUMBRAKKATTASSERY DESOM, KOZHIKODE TALUK-
673 011
2 P.V. RAJAN,
AGED 79 YEARS, S/O. PERACHAN, RESIDING AT NALINAM,
POST MALAPARTAMBA, VANGERI AMSOM, NEDUNGOTTUR DESOM,
KOZHIKODE-673 009, (DIED) (LR'S RECORD-R3 TO R6 LEGAL
REPRESENTATIVES RECORDED AS PER ORDER DATED
21.1.2019)
3 P.V.NALINI,
AGED 70 YEARS
W/O. P.V. RAJAN, RESIDING AT NALINAM, POST
MALAPARTAMBA, VANGERI AMSOM, NEDUNGOTTUR DESOM,
KOZHIKODE-673 009
OP(C).No.1879 OF 2020
4 P.V. SHERIL RAJ,
AGED 48 YEARS, S/O. P.V. RAJAN, RESIDING AT
NALINAM, POST MALAPARTAMBA, VANGERI AMSOM,
NEDUNGOTTUR DESOM, KOZHIKODE-673 009
5 P.V. SHEEJA RAJ,
AGED 46 YEARS, D/O. P.V.RAJAN, RESIDING AT NALINAM,
POST MALAPARTAMBA, VANGERI AMSOM, NEDUNGOTTUR
DESOM, KOZHIKODE-673 009, REPRESENTED BY POWER OF
ATTORNEY HOLDER, P.V. SHERIL RAJ, 3RD RESPONDENT.
6 P.V. SHALU RAJ,
AGED 48 YEARS, S/O. P.V. RAJAN, RESIDING AT
NALINAM, POST MALAPARTAMBA, VANGERI AMSOM,
NEDUNGOTTUR DESOM, KOZHIKODE-673 009, REPRESENTED
BY POWER OF ATTORNEY HOLDER P.V. SHERIL RAJ, 3RD
RESPONDENT.
7 M/S. UNITED BANKERS,
REPRESENTED BY MANAGING PARTNER, A REGISTERED FIRM
SUDARSHAN BUILDING, GANDHI ROAD, KOZHIKODE-673 032
8 K.S. SUDARSHAN,
AGED 68 YEARS, S/O. SHANMUGHAM CHETTIYAR,
RESIDING AT SREENIDHI, VALIYATHODI, GANDHIROAD,
POST NADAKKAVU, KACHERI VILLAGE,
KURUMBRAKKATTASSERY DESOM, KOZHIKODE TALUK-673 011
9 K.JAYASREE,
AGED 48 YEARS
W/O. K.S.SUDARSHAN, RESIDING AT SREENIDHI,
VALIYATHODI, GANDHIROAD, POST NADAKKAVU,
KACHERI VILLAGE, KURUMBRAKKATTASSERY DESOM,
KOZHIKODE TALUK-673 011
10 ARJUN THAMBI,
AGED 30 YEARS, S/O. K.S. SUDARSHAN,
RESIDING AT SREENIDHI, VALIYATHODI,
GANDHI ROAD,KOZHIKODE-673 011
11 KRISHNAKUMARI,
AGED 65 YEARS
W/O.BALASUBRAMANIAN, SAI PRAGATHI, NELLIKKAVE,
KARAPARABA.
12 SATHYAVATHI,
AGED 75 YEARS
W/O. RAMESH, SREENIDHI, VALIYATHODI, GANDHI ROAD,
OP(C).No.1879 OF 2020
KOZHIKODE-673 011
13 VASANTHA KUMARI,
AGED 68 YEARS, W/O. BALAKRISHNAN, SREENIDHI,
VALIYATHODI, GANDHI ROAD, KOZHIKODE-673 011
14 VISHWALAKSHMI,
AGED 58 YEARS
W/O. MOHAN KUMAR, SREENIDHI, VALIYATHODI, GANDHI
ROAD, KOZHIKODE-673 011
15 VALSALA,
AGED 63 YEARS
W/O.GOPI, SREENIDHI, VALIYATHODI, GANDHI ROAD,
KOZHIKODE-673 011
R1 BY ADV. SRI.V.V.SURENDRAN
R1 BY ADV. SRI.P.A.HARISH
R1 BY ADV. SMT.DONA PAUL
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
19.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(C).No.1879 OF 2020
Sathish Ninan, J.
==============================
O.P.(C) No.1879 of 2020
==========================
Dated this the 19th day of January, 2021
JUDGMENT
All that the petitioner seeks for is an
expeditious disposal of E.A No.446 of 2020 in E.A
No.968 of 2016, and E.A No.968 of 2016 in E.P No.433
of 2013 pending before the Second Additional Sub
Court, Kozhikode.
Without expressing anything on merits, I dispose
of this original petition directing the Second
Additional Sub Court, Kozhikode to pass orders on the
application as expeditiously as possible and at any
rate before 30.09.2021.
Sd/- Sathish Ninan, Judge
vdv
OP(C).No.1879 OF 2020
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE DOCUMENT EVIDENCING
CONFIRMATION OF SALE BY THE IIND ADDITIONAL
SUB COURT KOZHIKODE AND THE FACTUM OF
ISSUANCE OF SALE CERTIFICATE IN FAVOUR OF
THE PETITIONER IN E.P. NO. 443/2013 IN O.S.
NO. 202/2010
EXHIBIT P2 CERTIFIED COPY OF THE ORDER IN E.P.NO.
142/2019 IN E.P. NO. 443/2013 IN O.S.
2020/2010 ON THE 1ST ADDITIONAL SUB JUDGE
KOZHIKODE DATED 23.1.2020.
EXHIBIT P3 TRUE COPY OF THE BASIC TAX RECEIPT DATED
17.7.2020.
EXHIBIT P4 TRUE COPY OF THE CLAIM PETITION FILED BY
THE 1ST RESPONDENT I.E E.A. NO. 968/2016 IN
E.P.NO. 433/2013 DATED 2.12.2016.
EXHIBIT P5 TRUE COPY OF THE ORDER IN FAO NO. 178/2018
DATED 28.1.2020.
EXHIBIT P6 TRUE COPY OF THE APPLICATION FILED BY THE
PETITIONER HEREIN I.E. E.A. NO. 446/2020 IN
E.A. NO. 968/2016 IN E.P. NO. 433/2013,
DATED 29.6.2020 SEEKING IMPLEADMENT AND
OPPORTUNITY TO FILE HIS OBJECTIONS.
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