Vikram V. Gaikwad vs Nazeer
2021 Latest Caselaw 8111 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

            THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR

 TUESDAY, THE 09TH DAY OF MARCH 2021 / 18TH PHALGUNA, 1942

                       OP(C).No.517 OF 2021

          IN O.S.NO.73/2020 OF SUB COURT,NEYYATTINKARA


PETITIONER:

               VIKRAM V. GAIKWAD,
               AGED 34 YEARS,
               S/O.GAIKWAD, RESIDING AT B1, SM APARTMENTS,
               KANAYANOOR, ERNAKULAM NORTH-682 018.

               BY ADV. SRI.R.KISHORE (KALLUMTHAZHAM)

RESPONDENTS:

      1        NAZEER,
               S/O.AKBAR, RESIDING AT PACHICODU, PUTHUVAL
               PUTHEN VEEDU, VAZHIMUKKU, ARALUMOODU P.O.,
               ATHIYANOOR VILLAGE, NEYYATTINKARA-695 123.

      2        SHAJAHAN,
               S/O.MEERASHAIB, MYALPPORU CHERIYIL CHARUVILA
               VEEDU, THAZHUTHALA VILLAGE, KOLLAM-691 571.

      3        SHYNI,
               W/O.SHAJAHAN, MYALPPOORU CHERIYIL CHARUVILA
               VEEDU, THAZHUTHALA VILLAGE, KOLLAM-691 571.


     THIS  OP  (CIVIL)      HAVING     BEEN   FINALLY  HEARD ON
09.03.2021, THE COURT       ON THE     SAME   DAY DELIVERED THE
FOLLOWING:
 O.P.(C)No.517/2021

                                            -:2:-




                     Dated this the 9th day of March,2021

                                 J U D G M E N T

The petitioner is the claim petitioner in

I.A.No.1/2021 in O.S.No.73/2020 on the file of Sub

Court, Neyyattinkara. He seeks a direction to be

issued to the court below for early disposal of

the matter within a time frame fixed by this Court.

2. A report was called for from the court

below, which in its letter dated 03.03.2021

indicated that the matter could be finally

disposed of on or before 15th June,2021.

3. The learned counsel for the petitioner

submits that the court below may be called upon to

dispose of the matter before the court closes for

vacation.

In the result, original petition is allowed

calling upon the court below to dispose of

I.A.No.1/2021 in O.S.No.73/2020 within the period

suggested by him. However, the court below may put

in all earnest efforts to dispose of

I.A.No.1/2021 in O.S.No.73/2020 before the court

closes for vacation, if such a course is possible. O.P.(C)No.517/2021

All pending interlocutory applications will

stand closed.

Sd/-

                                   T.V.ANILKUMAR,JUDGE

DST                                                 //True copy/

                                                   P.A.To Judge
 O.P.(C)No.517/2021






                         APPENDIX
PETITIONERS' EXHIBITS:

EXHIBIT P1           THE TRUE COPY OF THE PROPERTY DEED OF

THE PETITIONER DATED 13.06.2016.

EXHIBIT P2 THE TRUE COPY OF THE LAND TAX OF THE PETITIONERS PROPERTY DATED 28.12.2020.

EXHIBIT P3 THE TRUE COPY OF THE SALE AGREEMENT DATED 16.11.2020 BY THE PETITIONER WITH ONE HASHIM.

EXHIBIT P4 THE TRUE COPY OF THE PLAINT IN OS NO.73/2020 DATED 02.12.2020 FILED BY HE 1ST RESPONDENT.

EXHIBIT P5 THE TRUE COPY OF THE AGREEMENT BETWEEN THE 1ST RESPONDENT AND 2ND AND 3RD RESPONDENT DATED 10.10.2019.

EXHIBIT P6 THE TRUE COPY OF THE ORDER OF ATTACHMENT BEFORE JUDGMENT IN IA 1/2020 IN OS 73/2020.

EXHIBIT P7 THE TRUE COPY OF THE PETITION FILED BY THE PETITIONER NUMBERED AS IA 1/2021 OF IS 73/2020 DATED 04.01.2021.

RESPONDENTS' EXHIBITS: NIL