Nabeesakuttyumma vs Mohammedali
2021 Latest Caselaw 15403 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                  THE HONOURABLE MR.JUSTICE V.G.ARUN
        THURSDAY, THE 22ND DAY OF JULY 2021 / 31ST ASHADHA, 1943
                        OP(C) NO. 1083 OF 2021
  AGAINST THE ORDER/JUDGMENT IN OS 31/2020 OF SUB COURT, CHAVAKKAD,
                                 THRISSUR
PETITIONER/S/PLAINTIFF IN O.S:

    1       NABEESAKUTTYUMMA
            AGED 85 YEARS
            D/O. LATE PATHUKUTTYUMMA, PALLIKKA VALIYAVEETTIL,
            EDAVANAKKADU P.O. ERNAKULAM 682 502.

    2       KADHEEJAUMMA,
            AGED 80 YEARS
            D/O. LATE PATHUKUTTYUMMA, MUHAMMED NIVAS, MUPPATHADAM
            P.O. ALUVA, ERNAKULAM 683 110.

    3       MOHAMMED SAGEER KADRI,
            AGED 69 YEARS
            S/O. LATE UMMOOTTY, MALIYEKKAL DARUL AMAN, MUTHUVATTOOR,
            CHAVAKKADU P.O. THRISSUR 680 506.

    4       ASHIK HUSSAM KADRI,
            AGED 68 YEARS
            S/O. LATE UMMOOTTY @ FATHIMA, ASHIKANA, PERUMBILAVU P.O.
            KARIKAKDU, THRISSUR 680 519.

    5       MOHAN ABDULLA KADRI,
            AGED 66 YEARS
            S/O. LATE UMMOOTTY @ FATHIMA, PUTHANPURAYIL HOUSE,
            PERUMBILAVU P.O. KARIKKADU, THRISSUR 680 519.

    6       BABU MOHYUDHEEN KADRI,
            AGED 61 YEARS
            S/O. LATE UMMOOTTY @ FATHIMA, B & B PUTHANPURAYIL HOUSE,
            PERUMBILAVU P.O. KARIKKADU, THRISSUR 680 519.

    7       JULIA NARGIS KADRI,
            AGED 54 YEARS
            D/O. LATE UMMOOTTY @ FATHIMA,
            MANALATH HOUSE, OTTAPPILAVU, PERUMBILAVU P.O. THRISSUR
 OP(C) NO. 1083 OF 2021
                                 2

           680 519.

    8      NIRMALA BIND KADRI,
           AGED 46 YEARS
           D/O. LATE UMMOOTTY @ FATHIMA,, MANAMKANDATH,
           KOKKOOR P.O. MALAPPURAM 679 591.

           BY ADVS.
           M.K.ABOOBACKER
           D.M.NOWFAL



RESPONDENT/S/DEFENDANTS 1 & 3/ADDITIONAL DEFENDANTS 4 TO 6
IN O.S.:

    1      MOHAMMEDALI
           AGED 73 YEARS
           S/O. LATE PATHUKUTTYUMMA, PALLIMANJAYALIL,
           PERUMBILAVU P.O 680 519.

    2      MOHAMMED GHAN KADRI,
           AGED 58 YEARS
           S/O. LATE UMMUKUTTY @ FATHIMA, PUTHANPURAYIL HOUSE
           BLANGAD P.O. THRISSUR 680 519.

    3      SUHRA BASHEER,
           AGED 62 YEARS, W/O. BASHEER AHAMED KADRI,
           PUTHANPURYLIL HOUSE (PAMGROVE), PERUMBILAVU P.O.
           KARIKKADU, THRISSUR 680 519.

    4      SHALAT FAMINA KADRI ,
           AGED 41 YEARS
           D/O. LATE BASHEER AHAMED KADRI,
           PUTHANPURYLIL HOUSE (PAMGROVE), PERUMBILAVU P.O.
           KARIKKADU, THRISSUR 680 519.

    5      SHAHEEN RAES KADRI,
           AGED 38 YEARS
 OP(C) NO. 1083 OF 2021
                                    3

            S/O. LATE BASHEER AHAMED KADRI,
            PUTHANPURYLIL HOUSE (PAMGROVE), PERUMBILAVU P.O.
            KARIKKADU, THRISSUR 680 519.


     THIS     OP   (CIVIL)    HAVING    COME   UP    FOR    ADMISSION   ON
22.07.2021,    THE    COURT    ON   THE   SAME      DAY    DELIVERED    THE
FOLLOWING:
 OP(C) NO. 1083 OF 2021
                                  4



                             JUDGMENT

This original petition is filed seeking for an expeditious

disposal of O.S.No.31 of 2020 pending on the files of the Sub

Court, Chavakkad.

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

Sub Judge has stated that the second defendant in the suit

passed away and his legal heirs were impleaded as additional

defendants 4 to 6. The first defendant has filed written

statement admitting the plaint claim and the other

defendants are set ex-parte. According to the learned Judge,

if the defendants who are set ex-parte do not file petitions for

setting aside the ex-parte order, the suit can be disposed of

immediately.

3. I heard the learned Counsel for the first

respondent also. Notice to the other respondents is

dispensed with, as they are set ex-parte in the lower court. OP(C) NO. 1083 OF 2021

The Original Petition is disposed of, directing the

learned Sub Judge, Chavakkad to dispose O.S.No.31 of 2020

within one month of receipt of a copy of this judgment, if no

petition for setting aside the ex-parte order is filed in the

meanwhile.

SD/-

V.G.ARUN

JUDGE

RK OP(C) NO. 1083 OF 2021

APPENDIX OF OP(C) 1083/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE O.S. NO. 31 OF 2020 ON THE FILE OF SUB COURT, CHAVAKKAD.

Exhibit P2 TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE 1ST RESPONDENT /1ST DEFENDANT.

RESPONDENT'S EXHIBITS: NIL