Sameena vs Faisy
2021 Latest Caselaw 21388 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                 THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 29TH DAY OF OCTOBER 2021 / 7TH KARTHIKA, 1943
                        OP(C) NO. 1343 OF 2021
OS 497/2017 OF MUNSIFF COURT,VARKALA, THIRUVANANTHAPURAM
PETITIONER/S:

    1          SAMEENA
               AGED 43 YEARS
               W/O.LATE FAMI, FAJITHA MANZIL,
               VETTAKADA PADINJARE POTTUMANIZHATH,
               EDAMA VILLAGE, THIRUVANANTHAPURAM DISTRICT-
               695141.
    2          FAYAS FAMI,
               AGED 22 YEARS
               S/O.LATE FAMI, FAJITHA MANZIL,
               VETTAKADA PADINJARE POTTUMANIZHATH,
               EDAMA VILLAGE, THIRUVANANTHAPURAM DISTRICT-
               695141.
    3          DALEEDH FAMI, AGED 17 YEARS, S/O.LATE FAMI,
               FAJITHA MANZIL, VETTAKADA PADINJARE
               POTTUMANIZHATH, EDAMA VILLAGE,
               THIRUVANANTHAPURAM DISTRICT - 695141
    4          NAIF FAMI,
               AGED 12 YEARS
               S/O.LATE FAMI, FAJITHA MANZIL,
               VETTAKADA PADINJARE POTTUMANIZHATH,
               EDAMA VILLAGE, THIRUVANANTHAPURAM DISTRICT-
               695141.
               (PETITIONERS 3 & 4 ARE MINORS AND THEY ARE
               REPRESENTED BY THEIR MOTHER AND NATURAL
               GUARDIAN SAMEENA, FAJITHA MANZIL, VETTAKADA
               PADINJARE POTTUMANIZHATH, EDAMA VILLAGE,
               THIRUVANANTHAPURAM DISTRICT-695141,THE 1ST
               PETITIONER HEREIN).
               BY ADV J.JAYAKUMAR
RESPONDENT/S:

               FAISY
               S/O.ABDUL HAMEED, KURESHI MANZIL,
               EDAVAPPARA, THIRUVANANTHAPURAM,
               PIN-695311.
        THIS    OP   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
29.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 O.P.(C) No.1343 of 2021

                                        -2-




                                 JUDGMENT

Dated this the 29th day of October, 2021

The limited relief sought in the original

petition is for expeditious disposal of

O.S.No.497 of 2017 pending on the files of the

Munsiff's Court, Varkala. The suit is filed by

the respondent for fixation of boundaries and

consequential injunction. The first petitioner's

dire need to sell the disputed property for

raising funds, is the reason for seeking

expeditious disposal.

2. Despite service of notice, there is no

appearance for the respondents.

3. In the report called for, the learned

Munsiff has stated that he took charge of the

court only on 30.06.2021. Thereafter, many among

the court staff tested Covid positive, resulting O.P.(C) No.1343 of 2021

in the functioning of the court being severely

effected. It is stated that all efforts will be

taken to dispose the suit within 11 months.

Having heard the learned Counsel and having

considered the report, the original petition is

disposed of directing the learned Munsiff to

decide O.S.No.497 of 2017 within an outer limit

of ten months of receipt of a copy of this

judgment.

Sd/-

V.G.ARUN JUDGE Scl/29.10.

O.P.(C) No.1343 of 2021

APPENDIX

PETITIONER'S EXHIBITS

P1: TRUE COPY OF THE PLAINT IN O.S.No.497/2017 FILED BY

THE RESPONDENT BEFORE THE MUNSIFF COURT, VARKALA.

P2: TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE

PETITIONERS IN O.S.No.497/2017 ON THE FILES OF MUNSIFF'S

COURT, VARKALA.

P3: TRUE COPY OF THE DEATH CERTIFICATE OF THE 1ST

PETITIONER'S HUSBAND ISSUED FROM SAUDI EMBASSY.

P4: TRUE COPY OF THE PLAINT IN O.S.NO.185/2018 FILED BY THE

PETITIONERS BEFORE MUNSIFF COURT, VARKALA.

P5: TRUE COPY THE PROCEEDING SHEET IN O.S.NO.497/2017 ON

THE FILE OF MUNSIFF COURT, VARKALA