Kerala High Court
Abdul Rahiman Haji vs T.S.Nisamudheen on 23 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
TUESDAY, THE 23RD DAY OF NOVEMBER 2021 / 2ND AGRAHAYANA, 1943
OP(C) NO. 1808 OF 2021
EARLY DISPOSAL OF EXT.P2 TO P4 IAs in 390/2013 OF SUB COURT, CHAVAKKAD,
THRISSUR
PETITIONER/PLAINTIFF:
ABDUL RAHIMAN HAJI
AGED 72 YEARS
S/O.RAYAN, KIZHEPATTUTHODI, VALLAPUZHA, PATTAMBI TALUK,
PALAKKAD DISTRICT, PIN-679336.
BY ADVS.
K.B.ARUNKUMAR
POOJA K.S.
RESPONDENT/PETITIONER/PLAINTIFF:
1 T.S.NISAMUDHEEN
AGED 61 YEARS
S/O. THALIKULAM SAIDU MOHAMED, MUTHUVATTOOR (PO), CHAVAKKAD
TALUK, THRISSUR DISTRICT, PIN-680506.
2 MOHAMAD HARIS K.,
AGED 61 YEARS
S/O.MUHAMED HAJI, PUTHIYAVEETIL MANNIGAYIL, MUTHUVATTOOR
(PO), CHAVAKKAD TALUK, THRISSUR DISTRICT, PIN-680506.
BY ADVS.
M.S.SAJEEV KUMAR -R1
LAKSHMI S KUMAR - R1
A.N.JYOTHILEKSHMI
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 23.11.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C) NO. 1808 OF 2021
2
JUDGMENT
Dated this the 23rd day of November, 2021
The relief sought in this original petition is the
expeditious disposal of I.A.No.546 of 2019 filed by
the petitioner in O.S.No.390 of 2013 pending on the
files of the Sub Court, Chavakkad. The
interlocutory application is filed to enforce the
award of the Lok Adalath passed in the petitioner's
favour. As per the award, the first respondent has
to register a sale deed on the petitioner paying an
amount of Rs.5,00,000/- (Rupees five lakh only).
The petitioner filed the application for enforcing the
award way back in the year 2019, but the court is
yet to pass orders thereon. Hence, this original
petition.
2. Learned Counsel for the first respondent
submitted that seeking identical relief, the
petitioner had earlier filed I.A.No.307 of 2015.
Therein the court directed the petitioner to produce
OP(C) NO. 1808 OF 2021
the sale deed on 12.01.2016. The petitioner
having failed to act in terms of the direction, that
interlocutory application was dismissed. The said
order has become final. It is contended that the
subsequent interlocutory application filed after
three years is not maintainable. Moreover, the first
respondent has filed an application for rescinding
the agreement, based on which the award is
passed.
3. As per the report of the learned Sub Judge,
during the pendency of I.A.No.546 of 2019, the
second respondent filed I.A.No.927 of 2019 seeking
impleadment and the first respondent filed
I.A.No.1890 of 2019 for rescinding the agreement.
4. Having heard the learned Counsel and
having considered the report, the original petition
is disposed of, directing the trial court to pass
orders on the pending interlocutory applications,
including I.A.No.546 of 2019, expeditiously and at
any rate, within three months of receipt of a copy
OP(C) NO. 1808 OF 2021
of this judgment. The parties will be at liberty to
urge all their contentions, including the contention
on the maintainability of I.A.No.546 of 2019, before
the trial court.
The Original Petition is disposed of accordingly.
Sd/-
V.G.ARUN
JUDGE
NB/23-11
OP(C) NO. 1808 OF 2021
APPENDIX OF OP(C) 1808/2021
PETITIONER'S EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE AWARD NO.5/2014 OF LOK
ADALATH DATED 11.1.2014 ALONG WITH THE
COMPROMISE ENTERED BETWEEN THE PARTIES TO THE
SUIT.
EXHIBIT P2 TRUE COPY OF THE I.A.NO.546/2019 IN
O.S.NO.390/2013 ON THE FILE OF SUB-COURT,
CHAVAKKAD.
EXHIBIT P3 THE TRUE COPY OF THE I.A.NO.927/2019 IN
I.A.NO.546/2019 IN O.S.NO.390/2013 ON THE FILE
OF SUB-COURT, CHAVAKKAD.
EXHIBIT P4 TRUE COPY OF THE I.A.NO.1890/2019 IN
I.A.NO.546/2019 IN O.S.NO.390/2013 ON THE FILE
OF SUB-COURT, CHAVAKKAD.
RESPONDENT'S EXHIBITS: NIL
TRUE COPY
P.A TO JUDGE
