Kerala High Court
Askar Ali vs Safiya on 22 December, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 22ND DAY OF DECEMBER 2022 / 1ST POUSHA, 1944
OP(C) NO. 2533 OF 2022
OS 34/2022 OF MUNSIFF COURT ,WADAKKANCHERRY
PETITIONER/2ND APPELLANT/2ND RESPONDENT/2ND DEFENDANT:
ASKAR ALI
AGED 47 YEARS
S/O SAINABHA, RESIDING IN THE ADDRESS VELLIYATTIL
HOUSE, NADUTHARA DESOM, WADAKKANCHERY P O, TALAPPILLY
TALUK, THRISSUR DISTRICT , PIN - 680582
BY ADV G.SREEKUMAR (CHELUR)
RESPONDENTS/RESPONDENTS 1 AND 2 AND APPELLANT 1 AND 3/ PETITIONERS
-RESPONDENTS 1 AND 3/PLAINTIFFS AND DEFENDANTS 1 AND 3:
1 SAFIYA
AGED 55 YEARS
W/O MOIDU, RESIDING IN THE ADDRESS NAROTHPARAMBIL
HOUSE, WADAKKANCHERY P O, TALAPPILLY TALUK, THRISSUR
DISTRICT , PIN - 680582
2 NIRMALA RAMAKRISHNAN
AGED 62 YEARS
W/O VALIAVEETTIL RAMAKRISHNAN, WADAKKANCHERY P O,
TALAPPILLY TALUK, THRISSUR DISTRICT , PIN - 680582
3 SAIBHANA
AGED 68 YEARS
D/O VELLIYATTIL LATE MAMU, NADUTHARA ,
WADAKKANCHERY P O, TALAPPILLY TALUK, THRISSUR
DISTRICT , PIN - 680582
4 RUKHIYA
AGED 44 YEARS
W/O VELLIYATTIL ASKAR ALI, NADUTHARA ,
WADAKKANCHERY P O, TALAPPILLY TALUK, THRISSUR
DISTRICT , PIN - 680582
OP(C) NO. 2533 OF 2022 2
OTHER PRESENT:
ADV MUHAMMED HUSSAIN FOR RESPONDENTS 1 AND 2
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
22.12.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(C) NO. 2533 OF 2022 3
Dated this the 22nd day of December, 2022
JUDGMENT
The original petition is filed to direct the Court of
District Judge, Thrissur to take up I.A No.2/2022 filed in
CMA No.91/2022 expeditiously and until such time Ext.P8
order to be kept in abeyance.
2. The concise case of the petitioner leading to the
filing of CMA is that, aggrieved by Ext.P8 order passed by
the Court of the Munsiff, Wadakkanchery, the petitioner
has filed CMA No.91/2022 as early as on 16.09.2022. I.A.
No.2/2022 has been filed along with the CMA to stay the
operation of Ext.P8 order. However, the court below is
not considering and passing any orders on I.A.
No.2/2022, which would cause prejudice and hardship to
the petitioner, especially because the respondents are
attempting to implement Ext.P8 order. Hence, the
original petition.
3. Heard; Sri. G. Sreekumar (Chelur), the learned
the counsel appearing for the petitioner and Sri. K.M.
Muhammed Hussain, the learned counsel appearing for
the respondents 1 and 2. As the respondents 3 and 4 are
the defendants 1 and 3 in the suit, I dispense with notice
to them.
4. When the original petition came up for
consideration on 20.12.2022, this Court called for a
report from the learned District Judge, to ascertain the
status and time period required to dispose of I.A.
No.2/2022. It is communicated that I.A. No.2/2022 can
be considered and disposed of in the first week of
January, 2023.
5. In the light of the pleadings and materials on
record and taking note of the fact that the petitioner has
already filed CMA No.91/2022 and I.A. No.2/2022 as early
as on 16.09.2022, I am inclined to exercise the power of
superintendence of this Court under Article 227 of the
Constitution of India and pass the following orders.
In the result, I dispose of the original petition as
follows:-
(i) The court of the District Judge, Thrissur is
directed to consider and dispose of I.A. No.2/2022, after
affording the respondents an opportunity of being heard,
in accordance with law, as expeditiously as possible, at
any rate on or before 07.01.2023.
(ii) Until orders are passed on I.A.No.2/2022, the
operation and implementation of Ext.P8 order shall be
kept in abeyance.
SD/-
C.S.DIAS, JUDGE
rmm22/12/2022
APPENDIX OF OP(C) 2533/2022
PETITIONER EXHIBITS
OF 22 ON THE FILE OF THE MUNSIFF COURT,
WADAKKANCHERY FILED DATED 2.2.22.
Exhibit P2 A TRUE COPY OF WRITTEN STATEMENT OF THE
DEFENDANT IN O S NO. 34 OF 22 ON THE FILE
OF THE MUNSIFF COURT, WADAKKANCHERY DATED
10.3.22.
Exhibit P3 A TRUE COPY OF THE COMMISSIONERS REPORT
AND PLAN FILED IN I A NO 2 OF 22 IN O S
NO 34 OF 22 ON THE FILE OF THE MUNSIFF
COURT, WADAKKANCHERY FILED DATED 17.2.22.
Exhibit P4 A TRUE COPY OF THE ADDITIONAL
OF 22 IN O S NO. 34 OF 22 ON THE FILE OF
THE MUNSIFF COURT, WADAKKANCHERY FILED
DATED 18.3.22.
Exhibit P5 A TRUE COPY OF THE I A NO 8 OF 22 IN O S
NO 34 OF 22 ON THE FILE OF THE MUNSIFF
COURT, WADAKKANCHERY DATED 24.5.22.
Exhibit P6 A TRUE COPY OF THE COUNTER AFFIDAVIT
FILED BY THE DEFENDANTS IN I A NO 8 OF 22
IN O S NO 34 OF 22 ON THE FILE OF THE
MUNSIFF COURT, WADAKKANCHERY FILED DATED
1.9.22.
Exhibit P7 A TRUE COPY OF THE COMMISSIONERS REPORT
AND PLAN FILED IN I A NO 8 OF 22 IN O S
NO 34 OF 22 ON THE FILE OF THE MUNSIFF
COURT, WADAKKANCHERY DATED NIL.
Exhibit P8 A TRUE COPY OF THE ORDER PASSED IN I A NO
8 OF 22 IN O S NO 34 OF 22 ON THE FILE OF
THE MUNSIFF COURT, WADAKKANCHERY DATED
3.9.22.
Exhibit P9 A TRUE COPY OF THE APPEAL MEMORANDUM IN C
M A NO 91 OF 22 BEFORE THE DISTRICT
COURT, THRISSUR DATED 16.9.22.
Exhibit P10 A TRUE COPY OF THE I A NO 2 OF 22 IN C M
A NO 91 OF 22 ON THE FILE OF THE DISTRICT
COURT, THRISSUR DATED 16.9.22.
Exhibit P11 A TRUE COPY OF THE HISTORY OF CASE
HEARING AND OTHER DETAILS TAKEN FROM THE
INTERNET IN C M A NO 91 OF 22 BEFORE THE
DISTRICT COURT, THRISSUR DATED NIL.
