Basheer Kannu Rawther vs State Of Kerala
2021 Latest Caselaw 21095 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR.JUSTICE V.G.ARUN
     WEDNESDAY, THE 20TH DAY OF OCTOBER 2021 / 28TH ASWINA, 1943
                       OP(C) NO. 1634 OF 2021
 AGAINST THE ORDER/JUDGMENT IN EP 85/2018 IN OS 559/2013 OF MUNSIFF
                     COURT, KOTTARAKKARA, KOLLAM
PETITIONER/S/DECREE HOLDER:

           BASHEERKANNU RAWTHER
           AGED 70 YEARS, S/O. HANEEFA RAWTHER, RESIDING AT
           KOORUPANA VEEDU, PERUMONTHODU, CHERIYAVELINALLOOR MURI,
           VELINALLOOR VILLAGE, KOTTARAKKARA TALUK, KOLLAM,
           PRESENTED BY HIS POWER OF ATTORNEY, MYTHEENKANNU, AGED
           60, S/O. SHAHUL HAMEED RAWTHER, RESIDING AT PARAVILA
           PUTHEN VEEDU, THALACHIRA (P.O), KOTTARAKARA, KOLLAM,PIN-
           691 538

           BY ADV A.S.SHAMMY RAJ


RESPONDENT/S/JUDGMENT DECREE:

     1     STATE OF KERALA
           REPRESENTED BY THE DISTRICT COLLECTOR, KOLLAM CIVIL
           STATION, CIVIL STATION P.O., KOLLAM-691 013

     2     TAHASILDAR,
           KOTTARAKARA TALUK OFFICE, KOTTARAKARA P.O., KOLLAM-691
           506

     3     VILLAGE OFFICER,
           CHAKKUVARACKAL VILLAGE OFFICE, CHAKKUVARACKAL P.O.,
           KOTTARAKARA, KOLLAM-691 508

     4     DISTRICT SUPERINTENDENT OF SURVEY,
           KOLLAM CIVIL STATION, CIVIL STATION P.O, KOLLAM-691 013

     5     ABDUL VAHEED RAWTHER,
           S/O. SHAIK MYTHEEN RAWTHER, RESIDING AT KONAPUTHOOR
           PUTHEN VEEDU, THALACHIRA MURI, VETTIKAVALA VILLAGE,
           KOTTARAKARA TALUK, KOLLAM-6981 538

     6     ABDUL LATHEEF
 OP(C) NO. 1634 OF 2021
                                    2

            AGED 57 YEARS
            S/O. NAGOORKHANI RAWTHER, RESIDING AT ELAVUMPACHA
            VEEDU, THALACHIRA MURI, CHAKKUVARAKKAL VILLAGE,
            KOTTARAKARA TALUK, KOLLAM-691 508


     THIS     OP   (CIVIL)    HAVING    COME   UP    FOR    ADMISSION   ON
20.10.2021,    THE    COURT    ON   THE   SAME      DAY    DELIVERED    THE
FOLLOWING:
 OP(C) NO. 1634 OF 2021
                                3

                          JUDGMENT

The relief sought in this original petition is to direct the

Munsiff Court, Kottarakkara to dispose of E.P.No.85 of 2018

in O.S.No.559 of 2013 expeditiously or in the alternative to

direct the Sub Court, Kottarakkara to dispose A.S.No.28 of

2019 within the time limit to be fixed by this Court.

2. In the report called for, the learned Munsiff has

stated that further proceedings in the Execution Petition is

stayed by the Sub Court, Kottarakkara as per the order in

A.S.No.28 of 2019. The suit being of the year 2013 and the

Execution Petition of the year 2018, it is only appropriate

that the appeal is disposed of at the earliest.

In the result, the Sub Court, Kottarakkara is directed to

dispose of A.S.No.28 of 2019 within three months of receipt

of a copy of this judgment.

Sd/-

V.G.ARUN JUDGE RK OP(C) NO. 1634 OF 2021

APPENDIX OF OP(C) 1634/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF E.P. NO.85/2018 IN OS NO.559 /2013 ON THE FILE OF MUNSIFFS COURT, KOTTARAKKARA DATED 26.11.2018

Exhibit P2 TRUE COPY OF JUDGMENT DATED 13.8.20218 IN OS NO.559/2013 ON THE FILE OF MUSIFFS COURT, KOTTARAKKARA

Exhibit P3 TRUE COPY OF DECREE IN OS NO.559/2013 ON THE FILE OF MUNSIFF'S COURT, KOTTARAKARA DATED 13.8.2018

Exhibit P4 TRUE COPY OF APPEAL MEMORANDUM IN AS 28/2019 ON THE FILE OF SUB COURT, KOTTARAKARA DATED NIL

RESPONDENT'S EXHIBITS: NIL