Shuhaib Alias Shuhaib Abu vs Abdul Salim
2022 Latest Caselaw 4524 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
         THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
   TUESDAY, THE 19TH DAY OF APRIL 2022 / 29TH CHAITHRA, 1944
                        OP(C) NO. 350 OF 2022
    AGAINST THE ORDER IN IA 2/2022 IN OS 97/2022 OF MUNSIFF
                           COURT,CHAVAKKAD
PETITIONER/PLAINTIFF:

          SHUHAIB ALIAS SHUHAIB ABU
          AGED 38 YEARS
          S/O. ABU PUTHIYAVEETIL HOUSE, FATHIMA MANZIL,
          VADAKKEKAD P.O., VADAKKEKAD AMSOM DESOM, CHAVAKKAD
          TALUK, THRISSUR DISTRICT 679 562.
          BY ADVS.
          P.T.SHEEJISH
          P.P.RAVOOF
          P.K.PURUSH
          HARIKIRAN
          RETHIN R.
          STEPHY GRACE RAJ
          A.ABDUL RAHMAN (A-1917)
          PRAVEENKUMAR P.
          AKHILA SRIDHARAN


RESPONDENTS/DEFENDANTS:

    1     ABDUL SALIM,
          AGED 58 YEARS
          S/O.A KUNJIMUHAMMED, ARRACKAL HOUSE, AMMANOOR,
          KALLUR P.O., THEKKEKAD, VADAKKEKAD VILLAGE,
          CHAVAKKAD TALUK, THRISSUR DISTRICT 679 562.
    2     NASEEM A.A.,
          AGED 37 YEARS
          S/O. ABBAS, VADAKKUTTU HOUSE, THOZHIYOOR P.O.,
          POOKODE VILLAGE, CHAVAKKAD TALUK, THRISSUR DISTRICT
          680 520.
    3     MUHAMMED SHAFEER,
          AGED 38 YEARS
          S/O. KUNJU, ARRACKAL HOUSE, VADAKKEKAD P.O.,
          CHAVAKKAD , THRISSUR DISTRICT 679 572.
    4     MUHAMMED RASEEM,
          AGED 40 YEARS
 O.P.(C)No. 350 of 2022
                                  2



             S/O A MOIDU, ARRACKAL HOUSE, PERAKAM, PERAKAM P.O.,
             CHAVAKKAD, THRISSUR DISTRICT 680 506.
     5       NAJEEB ARRACKAL ABBAS,
             AGED 41 YEARS
             S/O. ABBAS, VADAKKUTTU HOUSE, THOZHIYOOR P.O.,
             POOKODE, CHAVAKKAD, THRISSUR DISTRICT 680 520.
     6       SHIHABUDHEEN,
             AGED 51 YEARS
             S/O. KOLATH THAYIL MUHAMMED ASHRAF, KOLATHTHAYIL
             HOUSE, PUNNAYURKULAM P.O., THRIPATTU DESOM,
             PUNNAYURKULAM VILLAGE, CHAVAKKAD TALUK, THRISSUR
             DISTRICT 679 561.
     7       SAKEER HUSSAIN,
             AGED 60 YEARS
             S/O. MOIDUNNI, KARUPPAM VEETIL THERUVATHU HOUSE,
             AYIROOR P.O., PONNANI, MALAPPURAM 679 580.
     8       SHANAVAS,
             AGED 47 YEARS
             S/O. SAIDU, THARAYIL ARRACKAL HOUSE, PERUMBADAPPU
             P.O., PONNANI TALUK, MALAPPURAM DISTRICT 679 580.
             BY ADV RAJIT


      THIS    OP   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
19.04.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 O.P.(C)No. 350 of 2022
                                           3



                        MOHAMMED NIAS, J.
                  -------------------------------------
                       O.P.(C)No. 350 of 2022
                  -------------------------------------
                     Dated this the 19th day of April, 2022


                                 JUDGMENT

The prayer in the above Original Petition is for a

direction to Munsiff Court, Chavakkad to take up I.A

No.2/2022 in O.S No.97/2022 pending before it out of turn

and dispose it off, within a time frame.

2. Heard the learned counsel for the petitioner as

well as the learned counsel appearing for the respondents.

3. A report was called for on 21.02.2022 from the

learned Munsiff. Report dated 05.03.2022 was filed, which

points out that I.A No.2/2022 was filed on 07.02.2022 and

was taken up for hearing on 08.02.2022 on which day

notice was issued to the respondents and all the

respondents had entered appearance on 28.02.2022 and

the matter was posted for filing counter to 08.04.2022.

Report further mentions that the counter is yet to be filed

and atleast one month time is required to dispose of I.A O.P.(C)No. 350 of 2022

after the filing of the counter statement .

4. After hearing both sides, I deem it appropriate to

dispose of the above Original Petition by directing the

respondents to file their objections, if not already filed,

within a period of two weeks from today. The Court below

shall dispose of I.A.No.2/2022 in O.S No.97/2022, within a

period of four weeks thereafter.

The Original Petition is disposed of as above.

Sd/-MOHAMMED NIAS C.P.

JUDGE

lsn O.P.(C)No. 350 of 2022

APPENDIX

PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE PLAINT IN OS NO.

97/2022 BEFORE THE HONBLE MUNSIFF COURT, CHAVAKKAD.

Exhibit P2 TRUE COPY OF THE INTERLOCUTORY APPLICATION VIDE IA NO. 2/2022 IN OS NO. 97/2022 ON THE FILE OF THE HONBLE MUNSIFF COURT, CHAVAKKAD.

Exhibit P3 THE TRUE COPY OF THE BUSINESS AND SHOP ROOM TRANSACTION AGREEMENT DATED 08.07.2016.

Exhibit P4 THE TRUE COPY OF THE RENT AGREEMENT DATED 27.10.2020.

Exhibit P5 THE TRUE COPY OF THE PLAINT IN OS NO.

990/2021 BEFORE THE HONBLE MUNSIFF COURT, CHAVAKKAD.

Exhibit P6 THE TRUE COPY OF THE COUNTER AFFIDAVIT IN IA NO. 2/2021 IN OS NO. 990/2021 FILED BY THE PETITION BEFORE THE HONBLE MUNSIFF COURT, CHAVAKKAD.

Exhibit P7 THE TRUE COPY OF THE POLICE COMPLAINT DATED 07.01.2022 SUBMITTED BY THE PETITIONER BEFORE THE VADAKKEKAD POLICE. Exhibit P8 THE TRUE COPY OF THE LICENSE ISSUED BY THE PANCHAYATH DATED 06.05.2017.

Exhibit P9 THE TRUE COPY OF THE LICENSE ISSUED BY THE PANCHAYATH DATED 02.05.2018.

Exhibit P10 THE TRUE COPY OF THE PETITIONERS MEMBERSHIP OF KERALA VYAPARI VYAVASAAYI ORGANAIZATION TRADERS ASSOCIATION IN 2019. Exhibit P11 THE TRUE COPY OF THE SANITARY CERTIFICATE ISSUED FROM THE HEALTH DEPARTMENT DATED 21.08.2021.

Exhibit P12 THE TRUE COPY OF THE LETTER ISSUED FROM THE TALUK INDUSTRIES OFFICE DATED 17.08.2020.

 O.P.(C)No. 350 of 2022



RESPONDENTS EXHIBITS:    NIL




                                     TRUE COPY




                                   P.A TO JUDGE




LSN