Shamla Azeem vs Junaida Beegum
2022 Latest Caselaw 11656 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
               THE HONOURABLE MR.JUSTICE C.S.DIAS
  TUESDAY, THE 20TH DAY OF DECEMBER 2022 / 29TH AGRAHAYANA, 1944
                     OP(C) NO. 2237 OF 2022
   IN OS 711/2021 OF III ADDITIONAL MUNSIFF COURT ,TRIVANDRUM
PETITIONERS/PETITIONERS/ DEFENDANTS 1&2:

    1     SHAMLA AZEEM
          AGED 56 YEARS
          RESIDING AT SAJIL NIVAS,
          T C 25/3865, A-37,
          KANAKA NAGAR,
          KOWDIAR P O,
          THIRUVANANATHAPURAM
          REPRESENTED BY HER POWER OF ATTORNEY HOLDER,
          MR.SUNIL KUMAR.V,
          AGED 46 YEARS, S/O.VIDHYADHARAN,
          T.C.10/1086, KONNAVILAKOM HOUSE,
          NEAR GHS, MANNANTHALA,
          NALANCHIRA.P.O,
          THIRUVANANTHAPURAM, PIN - 695015

    2     ABDUL AZEEM ,
          AGED 60 YEARS,
          RESIDING AT SAJIL NIVAS,
          T C 25/3865, A-37,KANAKA NAGAR KOWDIAR P O,
          THIRUVANANATHAPURAM
          REPRESENTED BY HIS POWER OF ATTORNEY HOLDER,
          MR.SUNIL KUMAR.V,
          AGED 46 YEARS, S/O.VIDHYADHARAN,
          T.C.10/1086, KONNAVILAKOM HOUSE,
          NEAR GHS,
          MANNANTHALA, NALANCHIRA.P.O,
          THIRUVANANTHAPURAM, PIN - 695015

          BY ADVS.   LIJU.V.STEPHEN
                     INDU SUSAN JACOB


RESPONDENTS/ COUNTER PETITIONER/ PLAINTIFF & DEFENDANTS 3 &4:

    1     JUNAIDA BEEGUM
          AGED 59 YEARS
          W/O.MUHAMMED DALIF,
          T.C.11/230, A-39, PARAKUZHY PURAYIDOM,
          KANAKA NAGAR, NANTHENCODE,
          KOWDIAR.P.O, THIRUVANANTHAPURAM,
          PIN - 695003
 O.P.(C)No.2237/2022

                                 -:2:-




      2       A. NIZAMUDHEEN
              AGED 56 YEARS
              S/O.ABDUL RASHEED, ZAM ZAM MANZIL,
              VENGODE, KUDAVOOR.P.O,
              KEEZHTHONNAKKAL VILLAGE,
              THIRUVANATHAPURAM AND NOW AT T.C.11/229,
              "HAYATH",
              KANAKA NAGAR, KOWDIAR.P.O,
              THIRUVANANTHAURAM, PIN - 695003

      3       LIJIYA
              AGED 50 YEARS
              W/O. A.NIZAMUDEEN, AGED 50 YEARS,
              S/O.ABDUL RASHEED,
              ZAM ZAM MANZIL, VENGODE,
              KUDAVOOR.P.O, KEEZHTHONNAKKAL VILLAGE,
              THIRUVANATHAPURAM AND NOW AT T.C.11/229,
              "HAYATH",
              KANAKA NAGAR, KOWDIAR.P.O,
              THIRUVANANTHAURAM, PIN - 695003

              BY ADV MOHAMMED AL RAFI S

      THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
20.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 O.P.(C)No.2237/2022

                                       -:3:-




                 Dated this the 20th day of December,2022

                           JUDGMENT

The original petition is filed, inter alia, to direct

the Court of the IIIrd Additional Munsiff,

Thiruvananthapuram, to consider and dispose of

I.A.No.5/2022 in O.S.No.711/2021 (Ext P4) within a

time frame.

2. The petitioners' case is that, they are the

defendants 1 and 2 in the above suit which is filed by

the respondents. The petitioners are unnecessary

parties to the suit. Therefore, they have filed Ext P4

application, to strike them off from the party array.

The pendency of the application is causing severe

hardship to the petitioners, who are senior citizens.

Hence, the original petition.

3. Heard; Sri. Liju.V.Stephen, the learned O.P.(C)No.2237/2022

counsel appearing for the petitioners and Sri.S.

Mohammed Al Rafi, the learned counsel appearing for

the first respondent. Service is complete on the

respondents 2 and 3.

4. In the light of the pleadings and materials on

record, and taking note of the fact that Ext P5

application is pending consideration before the court

below since 09.06.2022, I am of the firm view that the

court below is to be directed to consider and dispose of

the application on its merits and in accordance with

law.

In the result, in exercise of the supervisory powers

of this Court under Article 227 of the Constitution of

India, I direct the Court of the IIIrd Additional Munsiff,

Thiruvananthapuram, to consider and dispose of Ext P4

application, after affording the respondents an

opportunity to file their counter affidavit and after O.P.(C)No.2237/2022

hearing both sides, in accordance with law, as

expeditiously as possible, at any rate, within a period

of one month from the date of receipt of a certified

copy of this judgment.

The original petition is ordered accordingly.

Sd/-

                                            C.S.DIAS,JUDGE

DST/20.12.22                                               //True copy/

                                                           P.A.To Judge
 O.P.(C)No.2237/2022






                             APPENDIX
PETITIONER EXHIBITS
EXHIBITP1           A TRUE COPY OF THE PLAINT IN O.S.

NO:711/2021 DATED 13-7-2021 ON THE FILES OF THE III ADDITIONAL MUNSIFF'S COURT THIRUVANANTHAPURAM

EXHIBIT P2 A TRUE COPY OF WRITTEN STATEMENT FILED BY THE PETITIONERS/ DEFENDANTS IN O.S. NO: 711/2021 IN OCTOBER 2022 ON THE FILES OF THE III ADDITIONAL MUNSIFF'S COURT, THIRUVANANTHAPURAM

EXHIBIT P3 A TRUE COPY OF THE RELEVANT PAGE OF THE BASIC TAX REGISTER

EXHIBIT P4 A TRUE COPY OF THE I.A. NO. 5/ 2022 IN O.S NO. 711 OF 2022 BEFORE THE ADDL III MUNISFFS COURT, TVM

EXHIBIT P5 A TRUE COPY OF THE CORRECTION PETITION AS I.A. NO.7/2022 IN O.S NO. 711 OF 2022 FILED BEFORE THE ADDL. MUNSIFF'S COURT, THIRUVANANTHAPURAM

RESPONDENTS EXHIBITS: NIL