Kerala High Court
Abdul Rouf vs Abdul Basheer on 23 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 23RD DAY OF SEPTEMBER 2021 / 1ST ASWINA, 1943
OP(C) NO. 1072 OF 2021
AGAINST THE ORDER/JUDGMENT IN OS 8/2021 OF SUB COURT, HOSDRUG,
KASARGOD
PETITIONER/S:
1 ABDUL ROUF
AGED 42 YEARS
S/O. LATE SHEIK YAKOOB SAHEB, RESIDING AT ROUF MANZIL,
ALAMIPPALY, HOSDURG VILLAGE, HOSDURG TALUK, KASARAGOD
DISTRICT-671 315
2 HUSSAIN,
AGED 65 YEARS
S/O. LATE SHEIK DAWOOD, RESIDING AT ALAMIPALLY, HOSDURG
VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT-671 315
BY ADVS.
JOHN K.GEORGE
P.P.BIJU
RESPONDENT/S:
1 ABDUL BASHEER
AGED 51 YEARS
S/O. ABDUL RAHIMAN SAHIB, RESIDING AT NADUPPALLAM HOUSE,
MOGRAL P.O, KUMBALA VILLAGE, KASARAGOD TALUK, KASARAGOD
DISTRICT-671 321
2 SUHARA,
AGED 48 YEARS
D/O. BEEBIJAN, W/O. ABDUL GAFOOR, RESIDING AT AISHA
MANZIL, UPPALA P.O, KURUCHIPALLA VILLAGE, KASARAGOD
TALUK, KASARAGOD DISTRICT-671 322.
3 NASEEMA,
AGED 46 YEARS
D/O. ABDUL RAHIMAN SAHIB, RESIDING AT NALLANGIPADAVE
HOUSE, VORKADY P.O,MANJESHWAR, KASARAGOD DISTRICT-671 323
OP(C) NO. 1072 OF 2021
2
4 DILSHAD,
AGED 44 YEARS
S/O. ABDUL RAHIMAN SAHIB, RESIDING AT KHAN MANZIL,
MANJULA ROAD, UPPALA P.O, KASARAGOD DISTRICT-671 322
5 AMINA M.A.,
AGED 42 YEARS
D/O. ABDUL RAHIMAN SAHIB,RESIDING AT JISDI MANZIL, DAVOOD
MAHALLA, PALLIKARA VILLAGE, HOSDURG TALUK, KEEKAN P.O,
KASARAGOD DISTRICT-671 316
6 ASMABI M.A,
AGED 40 YEARS
D/O. ABDUL RAHIMAN SAHIB, RESIDING AT NEHA MANZIL, HAJI
ROAD, KOOLIYANKAL, KANHANGAD P.O, KASARAGOD DISTRICT-671
531
7 KALANDAR,
AGED 39 YEARS
S/O. ABDUL RAHIMA SAHIB, RESIDING AT NADUPPALLAM HOUSE,
MOGRAL P.O, KUMBLA VILLAGE, KASARAGOD TALUK, KASARAGOD
DISTRICT-671 321
8 MARIYAM PARVEEN M.A,
AGED 37 YEARS
D/O. ABDUL RAHIMAN, RESIDING AT ZAINA MANZION, OLD
RAILWAY STATION ROAD, KASARAGOD TALUK, KASARAGOD
DISTRICT-671 121
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 23.09.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C) NO. 1072 OF 2021
3
JUDGMENT
Dated this the 23rd day of September, 2021
The prayer in this original petition is for expeditious
disposal of O.S No.8 of 2021 pending on the files of the Sub
Court, Hosdurg. The suit is filed for cancellation of a document
of year 1990 and for consequential partition of the plaint
schedule property. In the report called for by this Court, the
learned Sub Judge has provided the statistics of the pending
cases and has stated that a period of approximately two years
would be required for disposing the case without overlooking the
priority of older matters. The learned Sub Judge has also stated
that, if necessary, the suit can be included in the special list and
disposed of on a priority basis.
2.Despite service of notice, the respondent has not entered
appearance.
3.Having heard the learned counsel for the petitioner
regarding the claim for priority and having considered the
OP(C) NO. 1072 OF 2021
report, I am of the opinion some priority can be given to the suit.
In the result, the original petition is disposed of directing
the learned Sub Judge, Hosdurg to take earnest efforts to
dispose O.S No.8 of 2021 within an outer limit of ten months of
receipt of a copy of this judgment.
Sd/-
V.G ARUN
JUDGE
SJ
OP(C) NO. 1072 OF 2021
APPENDIX OF OP(C) 1072/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE PLAINT FILED BY THE
RESPONDENTS NO'S 1 TO 7 AS OS NO. 08/2021
BEFORE THE SUB. COURT, HOSDURG.
Exhibit P2 TRUE COPY OF THE WRITTEN STATEMENT DATED
17.06.2021 FILED BY THE PETITIONERS BEFORE THE
SUB COURT, HOSDURG.
Exhibit P3 TRUE COPY OF THE RELEASE DEED NO. 1627/1990 OF
SRO HOSDURG EXECUTED IN FAVOUR OF THE FATHER
OF THE 1ST PETITIONER.
