Haneefa vs Abdullakutty
2021 Latest Caselaw 18307 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                  THE HONOURABLE MR.JUSTICE V.G.ARUN
      TUESDAY, THE 7TH DAY OF SEPTEMBER 2021 / 16TH BHADRA, 1943
                          OP(C) NO. 1177 OF 2021
  AGAINST THE ORDER/JUDGMENT IN OS 59/2016 OF MUNSIFF COURT, TIRUR
PETITIONER/S/2nd PLAINTIFF:

           HANEEFA,
           AGED 52 YEARS
           S/O.HYDROSS, KUNJEENTE PURAKKAL HOUSE, MANGALAM AMSOM,
           KOOTTAYI DESOM, P.O.KOOTTAYI, TIRUR TALUK, MALAPPURAM
           DISTRICT, PIN-676 562.

           BY ADV K.P.SHEREEF



RESPONDENT/S/DEFENDANT:

           ABDULLAKUTTY,
           AGED 55 YEARS, S/O.KUNJIMUHAMMED,
           CHOKKIDEENTE PURAKKAL HOUSE, MANGALAM AMSOM,
           KOOTTAYI DESOM, P.O.KOOTTAYI, TIRUR TALUK,
           MALAPPURAM DISTRICT, PIN-676 562.


     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 07.09.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO. 1177 OF 2021
                                  2



                           JUDGMENT

The petitioner is the plaintiff in O.S.No.59 of 2016

pending on the files of the Munsiff Court, Tirur. The suit is

filed for recovery of possession on the strength of the

plaintiff's title. The grievance of the petitioner is that despite

five years having elapsed, suit has not progressed much.

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

Munsiff has stated that the defendant had filed an

application for appointing an Advocate Commissioner with

the assistance of an Archaeological Expert. That

interlocutory application was allowed and Advocate

Commissioner and Archaeological Expert, appointed. The

Advocate Commissioner is yet to file his report and a memo

has been issued requiring the Commissioner to file the

report immediately. The learned Munsiff has sought six

months time for disposing the case. OP(C) NO. 1177 OF 2021

3. Despite service of notice on the Counsel appearing

for the respondent, respondent has not appeared on his

behalf.

Having heard the learned Counsel for the petitioner and

having considered the report, the Original Petition is

disposed of directing the Munsiff, Tirur to dispose of

O.S.No.59 of 2016 within an outer time limit of six months

from the date of receipt of a copy of this judgment.

Sd/-

V.G.ARUN JUDGE

RK OP(C) NO. 1177 OF 2021

APPENDIX OF OP(C) 1177/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE PLAINT IN ORIGINAL SUIT NO.59/2016 ON THE FILES OF THE MUNSIFF COURT, TIRUR.

Exhibit P2 TRUE COPY OF THE COMMISSIONER'S REPORT DATED 16.02.2018.

Exhibit P3 TRUE COPY OF THE CASE HISTORY OF THE SUIT NO.59/2016 ON THE FILES OF THE MUNSIFF COURT, TIRUR.

RESPONDENT'S EXHIBITS: NIL