Abdul Rahiman vs Chandrika
2021 Latest Caselaw 7323 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                          PRESENT

          THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR

 TUESDAY, THE 02ND DAY OF MARCH 2021 / 11TH PHALGUNA, 1942

                    OP(C).No.410 OF 2021

      AS 139/2020 OF PRINCIPAL DISTRICT COURT,THRISSUR

PETITIONER/APPELLANT:
            ABDUL RAHIMAN
            AGED 63 YEARS
            S/O.CHIRAVARAMPATH KUNJIMON, CHIRAVARAMPATH
            HOUSE, CHENAM DESOM, PARALAM VILLAGE,
            THRISSUR TALUK 680565

            BY ADVS.
            SRI.LINDONS C.DAVIS
            SMT.E.U.DHANYA
            SRI.RAJITH DAVIS

RESPONDENTS/RESPONDENTS:
      1     CHANDRIKA
            W/O.LATE MADAKAVIL ASOKAN, INCHAMUDI VILLAGE,
            KURUMBILAVU DESOM, THRISSUR DISTRICT-680 564.

      2     BINOY
            S/O.LATE MADAKAVIL ASOKAN, INCHAMUDI VILLAGE,
            KURUMBILAVU DESOM, THRISSUR DISTRICT-680 564.

      3     BALAN
            S/O.THOTTUPURA SANKARAN, PERUVALLUR VILLAGE AND
            DESOM, CHAVAKKAD TALUK, PIN 680 508

      4     VIJAYAN
            S/O.THOTTUPURA SANKARAN, PERUVALLUR VILLAGE AND
            DESOM, CHAVAKKAD TALUK. PIN 680 508

            R1-2 BY ADV. SRI.M.R.VENUGOPAL
            R1-2 BY ADV. SMT.DHANYA P.ASHOKAN

     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
02.03.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 O.P.(C)No.410 of 2021

                                 :-2-:

            Dated this the 2nd day of March, 2021


                         J U D G M E N T

The petitioner is the appellant in A.S.No.139

of 2020 on the file of Principal District Court,

Thrissur. He filed this original petition for issue

of a direction to the court below to take up Ext.P3

stay petition pending in the said appeal and

dispose it of within a time frame to be fixed by

this Court.

2. It is stated that the petitioner filed an

application under Order XXI Rule 97 of CPC claiming

rights and interests over the suit property and the

Second Additional Munsiff's Court, Thrissur,

dismissed the application, finding that he has no

rights in the property. Being aggrieved by the

order, the petitioner filed A.S.No.139/2020 which

is pending consideration. The grievance expressed

by the learned counsel for the petitioner is that

though Ext.P3 petition requesting for stay of O.P.(C)No.410 of 2021

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proceedings in E.P.No.1044/2009 on the file of

Second Additional Munsiff's Court, Thrissur was

filed, it is not being taken up for consideration

and decided.

3. I heard the learned counsel appearing for

the respondents also.

4. Learned counsel for the petitioner submits

that an opportunity may be given to parties to

amicably settle the issues by having referral of

the matter to mediation. Learned counsel for the

respondents, on the other hand, submitted that an

attempt to settle the issues was once made and it

failed and there is no need for referring the

parties to mediation over again. The core of the

submission is that any referral to mediation would

only delay disposal of execution proceedings.

5. After hearing the submissions made by the

learned counsel appearing on either side, I am of

the opinion that the Principal District Court, O.P.(C)No.410 of 2021

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Thrissur, shall be called upon to decide

I.A.No.1/2020 in A.S.No.139/2020 in accordance with

law after hearing the parties within a period of

two weeks from the date of receipt of certified

copy of this judgment.

In the result, this original petition is

disposed of calling upon the court below to take up

I.A.No.1/2020 and pass urgent orders thereon in

accordance with law. It is further made clear that

if it appears to the court below that a fair chance

should be given to parties to amicably settle the

issues, it may be done by referral of parties to

Mediation Centre attached to the District Court,

Thrissur.

All pending interlocutory applications are

closed.

Sd/-

T.V.ANILKUMAR JUDGE ami/ O.P.(C)No.410 of 2021

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APPENDIX

PETITIONER'S EXHIBITS:

EXHIBIT P1 A COPY OF THE ORDER DATED 8.10.2020 IN E.A.2308/2018 IN EP NO.1044/2009 IN OS NO.498/1983 OF IIND ADDITIONAL MUNSIFF COURT, THRISSUR.

EXHIBIT P2 A COPY OF THE APPEAL NUMBERED AS 139/2020 BEFORE PRINCIPAL DISTRICT COURT, THRISSUR

EXHIBIT P3 A COPY OF THE I.A.1/2020 FILED IN AS 139/2020 BEFORE PRINCIPAL DISTRICT COURT, THRISSUR TO STAY THE FURTHER PROCEEDINGS IN E.P.NO.1044/2009 IN O.S.NO.498/1983 PENDING BEFORE THE IIND ADDITIONAL MUNSIFF COURT, THRISSUR.

EXHIBIT P4 A COPY OF THE I.A.2/2020 FILED IN AS 139/2020 BEFORE THE PRINCIPAL DISTRICT COURT, THRISSUR TO CONDONE THE 18 DAYS DELAY IN FILING APPEAL.

EXHIBIT P5 A COPY OF THE ORDER DATED 3.2.2021 PASSED IN EP.1044/2009 IN OS 498/83.