Abdul Hameed vs Kunhammed Haji
2021 Latest Caselaw 8939 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                          PRESENT

          THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR

WEDNESDAY, THE 17TH DAY OF MARCH 2021 / 26TH PHALGUNA, 1942

                     OP(C).No.2 OF 2020

 AGAINST THE ORDER IN IA 2415/2019 IN OS 172/1985 DATED 09-
              12-2019 OF MUNSIFF COURT, TIRUR


PETITIONER/PETITIONER/1ST DEFENDANT:

            ABDUL HAMEED
            AGED 70 YEARS
            S/O. KURUNIYAN KUHIKOYAMMU, MATTATHOOR AMSOM AND
            DESOM, MATTATHOOR P. O., PIN - 676 528, TIRUR
            TALUK, MALAPPURAM DISTRICT.

            BY ADVS.
            SRI.JAMSHEED HAFIZ
            SMT.T.S.SREEKUTTY

RESPONDENTS/RESPONDENTS/PLAINTIFFS:

      1     KUNHAMMED HAJI
            S/O. KOONARI PESHUNTHARA MUHAMMED HAJI,
            MATTATHOOR AMSOM AND DESOM, MATTATHOOR P. O.,
            PIN - 676 528, TIRUR TALUK, MALAPPURAM DISTRICT.

      2     ABDUL MAJEED
            S/O. KOONARI PESHUNTHARA MUHAMMED HAJI,
            MATTATHOOR AMSOM AND DESOM, MATTATHOOR P. O.,
            PIN - 676 528, TIRUR TALUK, MALAPPURAM DISTRICT.

      3     KATHIYAKUTTY HAJJUMMA
            W/O. KOONARI PESHUNTHARA MUHAMMED HAJI,
            MATTATHOOR AMSOM AND DESOM, MATTATHOOR P. O.,
            PIN - 676 528, TIRUR TALUK, MALAPPURAM DISTRICT.
 O.P(C)No.2 of 2020

                                 :-2-:

      4     ALAVIKUTTY
            S/O. KOONARI PESHUNTHARA MUHAMMED HAJI,
            MATTATHOOR AMSOM AND DESOM, MATTATHOOR P. O.,
            PIN - 676 528, TIRUR TALUK, MALAPPURAM DISTRICT.

      5     KUNHIMOIDEEN
            S/O. KOONARI PESHUNTHARA MUHAMMED HAJI,
            MATTATHOOR AMSOM AND DESOM, MATTATHOOR P. O.,
            PIN - 676 528, TIRUR TALUK, MALAPPURAM DISTRICT.

      6     HAMZA
            S/O. KOONARI PESHUNTHARA MUHAMMED HAJI,
            MATTATHOOR AMSOM AND DESOM, MATTATHOOR P. O.,
            PIN - 676 528, TIRUR TALUK, MALAPPURAM DISTRICT.

            R2   BY   ADV.   SRI.VINOD RAVINDRANATH
            R2   BY   ADV.   SMT.M.R.MINI
            R2   BY   ADV.   SRI.ASHWIN SATHYANATH
            R2   BY   ADV.   SMT.MEENA.A.
            R2   BY   ADV.   SHRI.ANISH ANTONY ANATHAZHATH
            R2   BY   ADV.   SRI.K.C.KIRAN
            R2   BY   ADV.   SRI.M.DEVESH

     THIS  OP  (CIVIL)         HAVING    BEEN   FINALLY  HEARD    ON
17.03.2021, THE COURT          ON THE    SAME   DAY DELIVERED    THE
FOLLOWING:
 O.P(C)No.2 of 2020

                           :-3-:

         Dated this the 17th day of March, 2021


                     J U D G M E N T

The first defendant in O.S.No.172/1985 before

the Munsiff's Court, Tirur, challenges Ext.P5 order

dismissing I.A.No.2415/2019 submitted by him

seeking extension of time for filing an additional

written statement. There was an occasion when the

matter had come up before this Court and an order

of remand was ordered. After the matter came back

to the trial court, the plaintiff sought to amend

the plaint and after allowing the amendment, the

petitioner was to file an additional written

statement. It is submitted that when the petitioner

sought sufficient time to file additional written

statement, it was refused by the impugned order.

2. I heard the learned counsel appearing on

both sides.

O.P(C)No.2 of 2020

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3. I am satisfied from the materials on record

that the petitioner/first defendant was not given

sufficient time to file additional written

statement. It is submitted that the additional

written statement is readied now and the learned

counsel will be in a position to file the same

within a week. In order to enable the petitioner to

contest the suit on merits, it is quite necessary

that he shall be given an opportunity to submit the

additional written statement in accordance with

law.

In the result, the original petition is allowed

setting aside the impugned order dated 09.12.2019.

The petitioner shall submit the additional written

statement within seven days from the date of

receipt of certified copy of this judgment. This

being an old suit of 1985, the court below shall

dispose of the suit as expeditiously as possible at O.P(C)No.2 of 2020

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any rate not later than by six months.

All pending interlocutory applications are

closed.

Sd/-

T.V.ANILKUMAR JUDGE ami/ O.P(C)No.2 of 2020

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APPENDIX

PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN S.A.440/2002 DATED 3.4.2019.

EXHIBIT P2 A TRUE COPY OF THE AFFIDAVIT IN I.A.2381/2019 IN O.S.172/1985 BEFORE THE MUNSIFF COURT TIRUR DATED 3.12.2019.

EXHIBIT P3 A TRUE COPY OF THE COUNTER TO I.A.2381/2019 IN O.S.172/1985 BEFORE THE MUNSIFF COURT TIRUR DATED 4.12.2019.

EXHIBIT P4 A TRUE COPY OF THE AFFIDAVIT IN I.A.2415/2019 IN O.S.172/1985 BEFORE THE MUNSIFF COURT TIRUR DATED 7.12.2019.

EXHIBIT P5 A TRUE COPY OF THE ORDER DATED 09.12.2019 IN I.A.2415/2019 IN O.S.172/1985 BEFORE THE MUNSIFF COURT TIRUR.

EXHIBIT P6 A TRUE COPY OF THE PROCEEDINGS DATED 2.3.2021 OF THE MUNSIFF COURT, TIRUR IN OS 172/1985 UPDATED ECOURTS CASES STATUS