Citation : 2022 Latest Caselaw 9482 Ker
Judgement Date : 25 August, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 25TH DAY OF AUGUST 2022 / 3RD BHADRA, 1944
OP(C) NO. 1558 OF 2022
IN OS 59/2022 OF MUNSIFF COURT, TIRUR
PETITIONERS/ DEFENDANTS 6 & 7:
1 TREASURER, PURATHUR KERA KARSHAKA FEDARATION OF
COCUNUT PRODUCERS SOCIETIES,
ROOM NO.PP6/121, MUTTANOOR P.O, PURATHUR,
PURATHUR AMSON, DESOM, TIRUR TALUK,
MALAPPURAM DISTRICT, PIN CODE-676 561,
PIN - 676561
2 BAVA NEDIYODATH,
S/O. ABDULLA, NEDIYODATH HOUSE,
MUTTANOOR P.O, PURATHUR, TIRUR TALUK,
MALAPPURAM DISTRICT, PIN CODE-676 5671,
PIN - 676561
BY ADV E.C.AHAMED FAZIL
RESPONDENTS/PLAINTIFFS & DEFENDANTS 1 TO 5:
1 VIJAYAN
AGED 71 YEARS
S/O.KARAPPUNNI, UNNIKKATTILVALAPPIL HOUSE,
SWAMIPPADI, P.O, PURATHUR, MALAPPURAM DISTRICT,
PIN CODE-676 561.
2 MUHAMMED
AGED 73 YEARS
S/O.MATHARI, NAYIKKARIBIL HOUSE, EDAKKANAD,
MUTTANNOOR, P.O, PURATHUR, MALAPPURAM DISTRICT,
PIN CODE-676 561.,
3 PURATHUR KERA KARSHAKA FEDARATION OF COCUNUT
PRODUCERS SOCIETIES
ROOM NO.PP6/121, MUTTANOOR.P.O, PURATHUR,
MALAPPURAM DISTRICT, PIN CODE-676 561,
REPRESENTED BY ITS SECRETARY., PIN - 676561
4 SECRETARY, PURATHUR KERA KARSHAKA FEDARATION OF
COCUNUT PRODUCERS SOCIETIES
ROOM NO.PP6/121, MUTTANOOR.P.O, PURATHUR,
MALAPPURAM DISTRICT, PIN CODE-676 561,
O.P.(C)No.1558/2022
-:2:-
5 C.K.JAYAKESARI
S/O. APPUNNI, CHAKKUMKULANGARA HOUSE, MUTTANOOR
P.O, PURATHUR, MALAPPURAM DISTRICT,
PIN CODE-676 561
6 PRESIDENT, PURATHUR KERA KARSHAKA FEDERATION OF
COCONUT PRODUCERS SOCIETIES
ROOM NO.PP6/121, MUTTANOOR P.O, PURATHUR,
MALAPPURAM DISTRICT, PIN CODE-676 561,
7 POOTHERI ABOOBACKER
S/O.KUNHIKOYA HAJI, POOTHERI HOUSE, MUTTANOOR
P.O, PURATHUR, MALAPPURAM DISTRICT,
PIN CODE-676 561.
BY ADV ADV SEENA K
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
25.08.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P.(C)No.1558/2022
-:3:-
Dated this the 25th day of August,2022
JUDGMENT
The original petition is filed to direct the Court of
the Munsiff, Tirur, to consider and dispose of
I.A.No.7/2022 in O.S.No.59/2022 within a time frame.
2. Pursuant to the order passed by this Court on
19.08.2022, the learned Munsiff(in charge) of the
Court of the Munsiff, Tirur, by communication dated
22.08.2022, has informed this Court that I.A.No.7/2022
is posted for the counter statement of the respondents
to 05.11.2022. As the learned Munsiff is holding
additional charge of the said court and conducting
sittings only twice a week, he requires three months
time to dispose of the application.
3. Heard; Sri. Ahammed Fazil, the learned
counsel appearing for the petitioners, Sri. Biju, the
learned counsel appearing for the respondents 1 and
2 and Smt. K. Seena, the learned counsel appearing O.P.(C)No.1558/2022
for the respondents 5 and 7.
4. In the light of the pleadings and materials on
record and after perusing the communication of the
learned Munsiff, in exercise of the supervisory powers
of this Court under Article 227 of the Constitution of
India, I direct the Court of the Munsiff, Tirur, to
consider and dispose of I.A.No.7/2022 in
O.S.No.59/2022, as expeditiously as possible and in
accordance with law, at any rate, within a period of
three months from the date of receipt of a certified
copy of this judgment.
The original petition is ordered accordingly.
Sd/-
C.S.DIAS,JUDGE
DST/25.08.22 //True copy/
P.A.To Judge
O.P.(C)No.1558/2022
APPENDIX
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE PHOTOSTAT COPY OF PLAINT IN
O.S.NO.59 OF 2022 ON THE FILES OF MUNSIFF'S COURT, TIRUR
EXHIBIT P2 THE TRUE PHOTOSTAT COPY OF THE BYELAW OF 3RD RESPONDENT SOCIETY
EXHIBIT P3 THE TRUE PHOTOSTAT COPY OF I.A.NO.4 OF 2022 IN EXHIBIT P1
EXHIBIT P4 THE TRUE PHOTOSTAT COPY COUNTER AFFIDAVIT FILED BY RESPONDENTS 3 TO 7 IN EXHIBIT P3
EXHIBIT P5 THE TRUE PHOTOSTAT COPY OF ORDER DATED 08-04-2022 PASSED IN I.A.NO.4 OF 2022IN EXHIBIT P1
EXHIBIT P6 THE TRUE PHOTOSTAT COPY OF I.A.NO.6 OF 2022 IN EXHIBIT P1
EXHIBIT P7 THE TRUE PHOTOSTAT COPY OF I.A.NO.7 OF 2022 IN EXHIBIT P1
RESPONDENTS' EXHIBITS: NIL
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