Ahammed Kabeer vs Jineesh Iqbal
2023 Latest Caselaw 8710 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                    THE HONOURABLE MR.JUSTICE C.S.DIAS
         WEDNESDAY, THE 9TH DAY OF AUGUST 2023 / 18TH SRAVANA, 1945
                          OP(C) NO. 1549 OF 2023
 AGAINST THE IA NO.5/2012 IN OSNO.165/2018 IN THE COURT OF MUNSIF COURT,
                               KANJIRAPPALLY
PETITIONER/PETITIONER/2ND DEFENDANT:

     1       AHAMMED KABEER
             AGED 66 YEARS
             S/O. PAREETH SAHIB,
             PUTHEZHATH HOUSE, KOLLAMMULA VILLAGE,
             RANNI TALUK, CHATHANTHARA P.O.,
             PATHANAMTHITTA DISTRICT, PIN - 686510
             REPRESENTED BY POWER OF ATTORNEY HOLDER
             SIBY N JOSEPH
             BY ADVS.
             M.NARENDRA KUMAR
             B.RAJESH (KOTTAYAM)
             HARSHADEV M.

RESPONDENTS/RESPONDENTS/PLAINTIFF & 1ST DEFENDANT:

     1       JINEESH IQBAL
             AGED 45 YEARS
             S/O. IQBAL,
             PANDIVEEDU HOUSE, KOKKAYAR VILAGE,
             PEERUMEDU TALUK, KOOTTIKKAL P.O, PIN - 686514
     2       FAISAL P.M
             AGED 45 YEARS
             S/O. ISMILE,
             PAARAYIL VEEDU, KOOTTIKKAL VILLAGE,
             KANJIRAPPILLY TALUK, PIN - 686514
     3       AYOOB KHAN O.A.
             AGED 51 YEARS
             S/O. O.A. ISMILE,
             OLIKKAPPARAYIL HOUSE MUNDAKKAYAM VILLAGE,
             KANJIRAPPILLY TALUK, KOOTTIKKAL KARAYIL, PIN - 686514
     4       SHAIK PAREETH
             AGED 36 YEARS
             S/O.P.S. KASSIM,
             PANDIVEED HOUSE , MUNDAKKAYAM VILLAGE,
             KANJIRAPPILLY TALUK, VELANILAM P.O., PIN - 686613
     5       FASEELA P.
             AGED 32 YEARS
             W/O. SHEMEER,
             KARATHOOR HOUSE, KOOTTIKKAL VILLAGE,
 OPC No.1549 of 2023
                                   2

            KANJIRAPPILLY TALUK, PIN - 686514
     6      DEVASYA CHACKO
            S/O. DEVASYA, MATTATHIL HOUSE,
            LALAM VILLAGE, MEENACHIL TALUK,
            KIZHATHADIYUR KARA, PALA, PIN - 686575
            BY ADV SIJO PATHAPARAMBIL JOSEPH

      THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 09.08.2023, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OPC No.1549 of 2023
                                 3




                           C. S. DIAS, J.
                -------------------------
                      O.P.(C.) No.1549 of 2023
                -------------------------
          Dated this the 09th day of August, 2023

                            JUDGMENT

The original petition is filed to direct the

Court of Munsiff, Kanjirappally to consider and

dispose of I.A. No.5/2023 in O.S. No.165/2018.

2. Pursuant to the order dated 31.07.2023

passed by this Court, the learned Munsiff, by

communication dated 03.08.2023, has informed

this Court that on 05.04.2023, the suit was listed

for trial to 05.08.2023. Then, the plaintiff in the

suit filed I.A. No.6/2023 to remove the suit from

the list and amend the plaint. The application

was adjourned to 05.08.2023. Then, the second

defendant in the suit has filed I.A. No.5/2023

seeking permission to record his evidence on the OPC No.1549 of 2023

ground that he is leaving the jurisdictional court.

As step to the proposed additional second

defendant is to be carried out, if I.A. No.7/2023 is

allowed, the court below cannot dispose of I.A.

No.5/2023. Nonetheless, the court below would

dispose of the suit within seven months.

3. Heard; Sri.M.Narendra Kumar, the learned

Counsel appearing for the petitioner and Sri.Sijo

Joseph, the learned Counsel appearing for the

first respondent.

4. Having considered the pleadings and

materials on record and after perusing the

communication of the learned Munsiff, in

exercise of the supervisory powers of this Court

under Article 226 of the Constitution of India, I

am inclined to dispose of the original petition.

Resultantly, I order the original petition as

follows:

(i) The Court of Munsiff, Kanjirappally is OPC No.1549 of 2023

directed to consider and dispose of O.S.

No.165/2018, in accordance with law and as

expeditiously as possible, at any rate, within a

period of three months after completion of the

pre-trial steps.

(ii) It will be upto the petitioner, at the

appropriate stage, to seek leave of the Court to

record his evidence through the video

conferencing facility, in accordance with law.

(iii) If such application is filed, the court

below shall consider and dispose of the same, in

accordance with law.

Sd/-

C. S. DIAS JUDGE SKP/09-08 OPC No.1549 of 2023

APPENDIX OF OP(C) 1549/2023

PETITIONER'S EXHIBITS:

EXHIBIT-P1 TRUE COPY OF THE PLAINT IN OS NO. 165/2018 OF MUNSIF COURT KANJIRAPPILLY DATED 13-07.2018 EXHIBIT-P2 TRUE COPY OF THE COUNTER CLAIM IN OS NO.

165/2018 DATED19.8.2022 EXHIBIT-P3 TRUE COPY OF THE WRITTEN STATEMENT TO THE COUNTER CLAIM IN OS NO. 165/2018 DATED NIL EXHIBIT-P4 TRUE COPY OF THE APPLICATION NO.5/2023 IN OS NO. 165/2018 DATED 11.7.2023 EXHIBIT-P5 TRUE COPY OF THE APPLICATION NO.4/2023 IN OS NO. 165/2018 DATED 11.7.2023 EXHIBIT-P6 TRUE COPY OF THE APPLICATION NO.7/2023 IN OS NO. 165/2018 DATED 15.7.2023 EXHIBIT-P7 TRUE COPY OF THE APPLICATION NO.8/2023 IN OS NO. 165/2018 DATED 15.7.2023 RESPONDENTS' EXHIBITS:NIL

TRUE COPY

P.A. TO JUDGE