Kerala High Court
Aboobacker vs Kabeer on 16 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 16TH DAY OF SEPTEMBER 2021 / 25TH BHADRA, 1943
OP(C) NO. 938 OF 2020
AGAINST THE ORDER/JUDGMENT IN OS 181/2006 OF MUNSIFF COURT, MANJERI,
MALAPPURAM
PETITIONER/S:
ABOOBACKER
AGED 58 YEARS
S/O.PARAMMAL AMBADI POCKER HAJI, KODIYAMPILAKKAL HOUSE,
KARIPPUR AMSOM AND DESOM, KUMMINIPARAMBA P.O., KONDOTTY
TALUK, MALAPPURAM DISTRICT-673 638
BY ADVS.
P.B.KRISHNAN
SRI.P.B.SUBRAMANYAN
SRI.SABU GEORGE
SMT.B.ANUSREE
SRI.MANU VYASAN PETER
SMT.MEERA P.
RESPONDENT/S:
1 KABEER
S/O THAZHATHUPALLIYALI ASSAIN HAJI, THAZHATHUPALLIAYLI
HOUSE, KARIPPUR AMSOM AND DESOM, KUMMINIPARAMBA P.O.,
KONDOTTY TALUK, MALAPPURAM DISTRICT-673 638
2 VEERAN
AGED 47 YEARS
S/O THAZHATHUPALLIYALI ASSAIN HAJI, THAZHATHUPALLIAYLI
HOUSE, KARIPPUR AMSOM AND DESOM, KUMMINIPARAMBA P.O.,
KONDOTTY TALUK, MALAPPURAM DISTRICT-673 638
3 FAROOK
AGED 55 YEARS
S/O THAZHATHUPALLIYALI ASSAIN HAJI, THAZHATHUPALLIAYLI
HOUSE, KARIPPUR AMSOM AND DESOM, KUMMINIPARAMBA P.O.,
KONDOTTY TALUK, MALAPPURAM DISTRICT-673 638
OP(C) NO. 938 OF 2020
2
4 NISHAD
AGED 37 YEARS
S/O. KODIYAMPILAKKAL KUNHAHAMMED, KODIYAMPILAKKAL HOUSE,
KARIPPUR AMSOM AND DESOM, KUMMINIPARAMBA P.O., KONDOTTY
TALUK, MALAPPURAM DISTRICT-673 638
5 SAIDALAVI
AGED 60 YEARS
S/O KALLUTHODI MUHAMMED, KODIYAMPLLAKKAL HOUSE, KARIPPUR
AMSOM AND DESOM, KUMMINIPARAMBA P.O., KONDOTTY TALUK,
MALAPPURAM DISTRICT-673 638
6 SUBAIR
AGED 36 YEARS
S/O THAZHATHUPALLIYALI ASSAIN HAJI, THAZHATHUPALLIAYLI
HOUSE, KARIPPUR AMSOM AND DESOM, KUMMINIPARAMBA P.O.,
KONDOTTY TALUK, MALAPPURAM DISTRICT-673 638
BY ADV SRI.C.M.MOHAMMED IQUABAL
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 16.09.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C) NO. 938 OF 2020
3
JUDGMENT
Dated this the 16th day of September, 2021
The limited relief sought in this original petition is an
expeditious consideration of E.P No.315 of 2018 in O.S No.
181 of 2006, pending on the files of the Munsiff court,
Manjeri. In the execution petition, the petitioner had
sought permission to reconstruct the compound wall under
the supervision of an Amin deputed by the Court. By Ext.P5
order, the trial Court has closed the execution petition,
noting that the expense for restoration of the compound
wall has been deposited by the respondents. Learned
counsel for the petitioner submits that the main prayer was
not taken into account by the court, while closing the
execution petition. Hence Ext.P6 has been filed pointing
out this aspect and seeking to reopen the same.
2.Having perused the execution petition and the
order I find prima facie merit in the submission made the
learned counsel for the petitioner.
OP(C) NO. 938 OF 2020
Accordingly, the original petition is disposed of directing
the Munsiff court, Manjeri to pass orders on Ext.P6 within
an outer time limit of two months from the date of receipt
of a copy of this judgment.
Sd/-
V.G ARUN
JUDGE
SJ
OP(C) NO. 938 OF 2020
APPENDIX OF OP(C) 938/2020
PETITIONER EXHIBITS
EXHIBIT P1 DATED 31.1.2013 TRUE COPY OF THE DECREE IN OS
NO.181 OF 2006 OF THE MUNSIFFS COURT, MANJERI
EXHIBIT P2 DATED 6.2.2016,TRUE COPY OF THE JUDGMENT IN
A.S.NO.27 OF 2013 OF THE ADDL. DISTRICT COURT-
II, MANJERI
EXHIBIT P3 DATED 1.6.2018 TRUE COPY OF E.P.NO.315 OF 2018
OF OS NO.181 OF 2006 OF MUNSIFFS COURT,
MANJERI
EXHIBIT P4 DATED 8.11.2018 TRUE COPY OF THE OBJECTIONS IN
E.P.NO.315 OF 2018 OF OS NO.181 OF 2006 OF
MUNSIFFS COURT, MANJERI
EXHIBIT P5 DATED 23.1.2018 TRUE COPY OF THE ORDER
E.P.NO.315 OF 2018 OF OS NO.181 OF 2006 OF
MUNSIFFS COURT, MANJERI (SUIT NUMBER HAS BEEN
WRONGLY SHOWN AS ARC NO.181 OF 2006 IN THE
ORDER )
EXHIBIT P6 DATED 31.1.2018 TRUE COPY OF E.A.NO.1 OF 2020
IN E.P.NO.315 OF 2018 OF OS NO.181 OF 2006 OF
MUNSIFFS COURT, MANJERI
