Howa Beevi M K vs Nizamudeen A.S
2022 Latest Caselaw 12707 Ker

FAO NO. 156 OF 2022              1


               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
            THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
    FRIDAY, THE 30TH DAY OF DECEMBER 2022 / 9TH POUSHA, 1944
                         FAO NO. 156 OF 2022
APPELLANT/S:
          HOWA BEEVI M K
          AGED 84 YEARS
          W/O LATE MUHAMMED KASIM,
          VILAYIL HOUSE, MANAKKATTUPUZHA, MANCODE P.O.,
          PATHANAPURAM, KOLLAM DISTRICT
          , PIN - 691559

             BY ADVS.
             MANOJ RAMASWAMY
             JOLIMA GEORGE
             JISHA SASI
             C.B.SABEELA
             APARNA G.
             CHINNU ROSE MARY THOMAS
             K.P.S.JALALUDDEEN MOHMMED


RESPONDENT/S:
          NIZAMUDEEN A.S.
          AGED 27 YEARS
          S/O SHAJAHAN,
          VATTAKKAVIL PUTHEN VEEDU,
          MANCODE P.O., PATHANAPURAM,
          KOLLAM DISTRICT - 691559
          , PIN - 691559

OTHER PRESENT:

             GP RENJITH T.R.

     THIS FIRST APPEAL FROM ORDERS HAVING COME UP FOR
ADMISSION ON 30.12.2022, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 FAO NO. 156 OF 2022             2




                     P.V.KUNHIKRISHNAN, J
                 ---------------------------------------
                       FAO No. 156 of 2022
                  --------------------------------------
           Dated this the 30th day of December, 2022


                            JUDGMENT

The above appeal is filed challenging the order dated

19.10.2022 in IA No. 2/2021 in CMA No. 3/2021 on the file of

the Subordinate Judge, Punalur. As per the impugned order,

the appellate court restrained the respondent in the appeal

from proceeding with the construction of the residential

building on the strength of the order dated 9.2.2021 in IA No.

2901/2019 in OS No. 396/2019 on the file of the Munsiff Court,

Punalur till disposal of the appeal.

2. Heard the learned counsel for the petitioner.

3. After going through the impugned order, I am of the

opinion that this Court need not go to the merit of the case and

there can be a direction to the appellate court to dispose the

CMA itself.

Therefore, this appeal is disposed of directing the

Subordinate Judge, Punalur to dispose CMA No. 3/2021 as

expeditiously as possible at any rate within one month from

the reopening date.

Sd/-

P.V.KUNHIKRISHNAN JUDGE SKS