Jihanudheen vs Daissy @ Ammini John
2022 Latest Caselaw 5857 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                  THE HONOURABLE MR.JUSTICE C.S.DIAS
    TUESDAY, THE 31ST DAY OF MAY 2022 / 10TH JYAISHTA, 1944
                        OP(C) NO. 883 OF 2022
   CMP NOS 564 & 565 OF 2022 OF THE DISTRICT COURT, ALAPPUZHA
PETITIONER/S:

    1       JIHANUDHEEN
            AGED 53 YEARS
            S/O. IBRAHIIMKUTTY HAJI,
            KAITHAMUTTATHU BUNGLOW, EVANJALICKAL ROAD,
            STADIUM WARD, ALAPPUZHA., PIN - 688001
    2       LAILA BEEVI
            AGED 47 YEARS
            W/O. JIHANUDHEEN,
            KAITHAMUTTATHU BUNGLOW, EVANJALICKAL ROAD,
            STADIUM WARD, ALAPPUZHA., PIN - 688001
            BY ADVS.
            B.PRAMOD
            BIJU VIGNESWAR
            ASWATHI SURESH


RESPONDENT/S:

            DAISSY @ AMMINI JOHN
            AGED 81 YEARS
            W/O. LATE JOHN,
            CHARUVILA PUTHEN VEETTIL, CHELIKUZHI MURI,
            PATTAZHI VILLAGE, KOLLAM.
            NOW RESIDING AT KAITHAMUTTATHU,
            STADIUM WARD, ALAPPUZHA., PIN - 688001

            BY ADV Shafeek A


     THIS    OP    (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
31.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                 2
OP(C) No.883 of 2022

                         C.S DIAS,J.
                     ---------------------------
                   OP(C) No.883 of 2022
                     -----------------------------
            Dated this the 31st day of May, 2022.

                           JUDGMENT

The original petition is filed to direct the District

Court, Alappuzha to forward CMP No.564/22 (Ext P1) and

CMP No.565/22 (Ext P2) to the Court of the Munsiff,

Alappuzha and to direct the learned Munsiff to renumber

Exts P1 and P2 and consider the same within a time frame.

2. Heard; Sri.B.Pramod, the learned counsel

appearing for the petitioners and Sri.Shafeek, the learned

counsel appearing for the respondent.

3. The learned counsel appearing for the respondent

submits that Exts P1 and P2 have already been forwarded

to the Court of the Munsiff, Alappuzha, and Ext P1 has been

renumbered as OS No.374/22.

In the light of the above submission, I direct the Court

of the Munsiff, Alappuzha, to consider the renumbered Exts

P1 and P2, as expeditiously as possible and in accordance

OP(C) No.883 of 2022

with law, within a period of two weeks from the date of

receipt of a certified copy of the judgment.

SD/-

Sks/31.5.2022 C.S.DIAS, JUDGE

OP(C) No.883 of 2022

APPENDIX OF OP(C) 883/2022

PETITIONER EXHIBITS Exhibit1 TRUE COPY OF THE PLAINT IN THE CMP NO.

564/2022 BEFORE THE VACATION COURT (ADDL. DISTRICT COURT-II) ALAPPUZHA. Exhibit P2 TRUE COPY OF THE CMP NO. 565/2022 IN CMP NO. 564/2022 OF THE VACATION COURT (ADDL. DISTRICT COURT-II), ALAPPUZHA. Exhibit P3 TRUE COPY OF THE ORDER DATED 11.05.2022 IN CMP NO. 565/2022 IN CMP NO. 564 /2022 OF THE VACATION COURT, ALAPPUZHA. Exhibit P4 TRUE COPY OF THE PLAINT IN O. S. NO.

109/2018 BEFORE THE ADDL. MUNSIFF'S COURT, ALAPPUZHA.

Exhibit P5 TRUE COPY OF THE WRITTEN STATEMENT AND COUNTER CLAIM FILED BY THE PETITIONERS HEREIN IN O. S. NO. 109/2018 BEFORE THE ADDL. MUNSIFF'S COURT, ALAPPUZHA. Exhibit P6 TRUE COPY OF THE COMMON ORDER DATED 26.07.2018 IN CMA NO. 26/2018 AND CMA NO. 27/2018 PASSED BY ADDITIONAL DISTRICT JUDGE

- I, ALAPPUZHA.

Exhibit7 TRUE COPY OF THE ROUGH SKETCH SHOWING THE LOCATION OF THE PROPERTY OF THE PETITIONERS, THE RESPONDENT AS WELL THE WAY IN DISPUTE.

Exhibit8 TRUE COPY OF THE PLAINT IN O. S. NO.

242/2021.