Anil Kumar vs Ashrafudeen
2022 Latest Caselaw 8532 Ker

OP(C) NO. 852 OF 2022
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         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
              THE HONOURABLE MR.JUSTICE C.S.DIAS
 WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
                     OP(C) NO. 852 OF 2022
  AGAINST THE JUDGMENT IN CMA NO.14/19 DT.30.1.21 ON THE
   FILES OF THE SUBORDINATE JUDGE'S COURT, KOTTARAKARA
   PREFERRED AGAINST THE ORDER IN IA NO.3489/2017 IN OS
 562/2017 ON THE FILES OF MUNSIFF'S COURT, KOTTARAKKARA.
PETITIONER/S:

            ANIL KUMAR
            AGED 51 YEARS
            S/O.APPUKUTTAN NAIR, BHAGAVATHY VILASOM VEEDU,
            ALTHARAMOODU KADAKKAL MURI, KADAKKAL VILLAGE,
            KOTTARAKKARA TALUK.

            BY ADV R.GIREESHA VARMA



RESPONDENT/S:

            ASHRAFUDEEN
            AGED 60 YEARS
            S/O.SALIHAN RAWTHER, AKBAR MANZIL, KADAKKAL
            MURI, KADAKKAL VILLAGE, KOTTARAKKARA TALUK FROM
            PULIKUZHIVILA VEEDU, KARICHIRA MURI, CHITHARA,
            MANCODE VILLAGE, KOTTARAKKARA TALUK.

            BY ADV A.AHZAR




     THIS    OP   (CIVIL)    HAVING    COME   UP    FOR    ADMISSION    ON
06.07.2022,    THE   COURT    ON   THE   SAME      DAY    DELIVERED    THE
FOLLOWING:
 OP(C) NO. 852 OF 2022
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                        JUDGMENT

The original petition is filed, interalia, to direct

the Court of the Munsiff, Kottarakara to consider and

dispose of O.S.No.562/2017, within a time frame.

2. Pursuant to the order dated 01.06.2022 passed

by this Court, the learned Munsiff, Kottarakara, by

communication dated 24.06.2022, has informed this

Court that the suit can be disposed of within a period

of eight months.

3. Heard; Sri.R. Gireesh Varma, the learned

counsel appearing for the petitioner and Sri.A.Ahzar,

the learned counsel appearing for the respondent.

In the light of the pleadings and the materials on

record and after perusing the communication of the

learned Munsiff and in exercise of the supervisory

powers of this Court under Article 227 of the

Constitution of India, I direct the Court of the OP(C) NO. 852 OF 2022

Munsiff, Kottarakara to consider and dispose of

O.S.No.562/2017 in accordance with law, as

expeditiously as possible, at any rate before closing of

the Courts for the mid-summer vacation of 2023.

sd/-

C.S.DIAS, JUDGE

rkc/06.07.2022 OP(C) NO. 852 OF 2022

APPENDIX OF OP(C) 852/2022

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE PLAINT IN O.S.NO.562/2017 ON THE FILES OF THE MUNSIFF'S COURT, KOTTARAKKARA.

Exhibit P2 TRUE COPY OF THE SALE DEED NO.272/2010 OF KADAKKAL SRO.

Exhibit P3 TRUE COPY OF THE I.A.3489/2017 IN OS NO.562/2017 OF THE MUNSIFF'S COURT, KOTTARAKKARA.

Exhibit P4 TRUE COPY OF THE OBJECTION FILED BY THE RESPONDENT TO IA 3489/2017.

Exhibit P5 TRUE COPY OF THE ORDER IN IA 3489/2017 DATED 4/12/2017.

Exhibit P6 TRUE COPY OF THE REPORT FILED BY THE COMMISSIONER WHO VISITED THE PROPERTY ON 25/10/2017.

Exhibit P7 TRUE COPY OF THE JUDGEMENT IN WP(C) 15254/2018 DATED 6/7/2018.

Exhibit P8 TRUE COPY OF THE JUDGEMENT OF THE SUB COURT, KOTTARAKKARA IN CMA 14/2019 DATED 30/1/2021.

Exhibit P9 TRUE COPY OF THE IA 221/2018 IN OS 562/2017 FILED BY THE PETITIONER.

Exhibit P10 TRUE COPY OF THE ORDER IN IA 3416/2019 DATED 17/2/2021.

Exhibit P11 TRUE COPY OF THE REPORT SUBMITTED BY THE COMMISSIONER WHO VISITED THE PROPERTY ON 5/10/2019.