P.P.Bava vs C.M.Akthar
2021 Latest Caselaw 18148 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                    THE HONOURABLE MR.JUSTICE V.G.ARUN
         FRIDAY, THE 3RD DAY OF SEPTEMBER 2021 / 12TH BHADRA, 1943
                          OP(C) NO. 1268 OF 2021
   AGAINST THE ORDER/JUDGMENT IN OS 191/2017 OF MUNSIFF COURT, TIRUR,
                                MALAPPURAM
PETITIONER/1ST RESPONDENT:

            P.P.BAVA
            AGED 73 YEARS, S/O.P.K.N. KUNHAHAMMED, NALAMKANDATHIL HOUSE,
            KUTTAYI P.O, TIRUR TALUK, MALAPPURAM DISTRICT

            BY ADV C.M.MOHAMMED IQUABAL


RESPONDENTS/PETITIONERS & OTHER RESPONDENTS:

     1      C.M.AKTHAR, AGED 35 YEARS, S/O. P.P.MOHAMMED YASEEN
            (PRESIDENT, KUTTAYI HIGH SCHOOL COMMITTEE) MOULANA HOUSE,
            KUTTAYI P.O, MALAPPURAM DISTRICT, PIN-676562
     2      ATHIKKA, AGED 58 YEARS, W/O. P.P. MOHAMMED YASEEN,
            (EXECUTIVE COMMITTEE MEMBER, KUTTAYI HIGH SCHOOL COMMITTEE)
            MOULANA HOUSE, KUTTAYI P.O, MALAPPURAM DISTRICT, PIN-676562
     3      KUTTAYI HIGH SCHOOL COMMITTEE, REPRESENTED BY ITS PRESIDENT
            C.M.AKTHAR, S/O. P P MOHAMMED YASEEN, MOULANA HOUSE,
            KUTTAYI P.O, MALAPPURAM DISTRICT, PIN-676562
     4      T.P.MOHAMMED AFSAL, AGED 50 YEARS, S/O. P.P.MOHAMMED AMEEN,
            CHENNARA P.O, TIRUR TALUK, MALAPPURAM DISTRICT, PIN-676562
     5      P.P.KOYAMOIDEEN, S/O.MOHAMMED KUTTY, AGED 65 YEARS, KOOTTAYI
            P.O, TIRUR TALUK, MALAPPURAM DISTRICT, PIN-676562
            BY ADV.DEVESH

     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 03.09.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO. 1268 OF 2021
                                    2




                             JUDGMENT

Dated this the 3rd day of September, 2021

The petitioner, who is the first respondent in

C.M.A.No.12/2018 pending on the files of the Sub

Court, Tirur seeks expeditious disposal of the appeal.

2. In the report called for by this Court, the

learned Sub Judge has stated that the case stands

posted to 13.09.2021 and that with the current

pendency of cases, including 321 five year old plus

cases, it may take at least six months' time to dispose

of the C.M.A.

The Original Petition is hence disposed of,

directing the Sub Judge, Tirur to take earnest efforts to

dispose C.M.A.No.12/2018 within an outer limit of six

months of receipt of a copy of this judgment.

Sd/-

V.G.ARUN

JUDGE NB/3-9 OP(C) NO. 1268 OF 2021

APPENDIX OF OP(C) 1268/2021

PETITIONER'S EXHIBITS

EXHIBIT P1 THE TRUE COPY OF THE PLAINT IN OS NO.197/2017 OF THE MUNSIFF COURT, TIRUR DATED 27.6.2017 EXHIBIT P2 THE TRUE COPY OF I.A.NO.1377/2017 IN OS NO.197/2017 OF THE MUNSIFF COURT, TIRUR DATED 27.6.2017 EXHIBIT P3 THE TRUE COPY OF THE COUNTER IN I.A.NO.1377/2017 IN OS NO.197/2017 OF THE MUNSIFF COURT, TIRUR DATED 8.11.2017

EXHIBIT P4 THE TRUE COPY OF THE ORDER IN I.A.NO.1377/2017 IN OS NO.197/2017 OF THE MUNSIFF COURT, TIRUR DATED 21.5.2018

EXHIBIT P5 THE TRUE COPY OF THE MEMORANDUM OF APPEAL IN C.M.A.NO.12/2018 DATED 4.6.2018

EXHIBIT P6 THE TRUE COPY OF THE CASE STATUS IN C.M.A.NO.12/2018 EXHIBIT P7 THE TRUE COPY OF THE ORDER ISSUED IN S.L.P.NO.5439/2021 AND CONNECTED CASES OF THE HON'BLE SUPREME COURT DATED 3.5.2021.

RESPONDENT'S EXHIBITS: NIL

True Copy P.A to Judge