T.Sheik Mohammed vs Omana Alexander
2023 Latest Caselaw 8837 Ker

          N THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
               THE HONOURABLE MR.JUSTICE C.S.DIAS
    MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945
                    OP(C) NO. 1458 OF 2023
AGAINST THE ORDER/JUDGMENT IN CMA 10/2022 OF DISTRICT COURT&
              SESSIONS COURT, PATHANAMTHITTA
PETITIONER/APPELLANT/RESPONDENT/DEFENDANT:

          T.SHEIK MOHAMMED, AGED 40 YEARS
          RESIDING AT 22/75 NAINAPPAN STREET,MANNADY MURI,
          MUTHIYALPET VILLAGE, CHENNAI P.O, TAMIL NADU, PIN -
          600001
          BY ADVS.DINOOP P.D.
          V.VENUGOPALAN NAIR


RESPONDENTS:

    1     OMANA ALEXANDER, AGED 68 YEARS
          W/O REV. V.J. ALEXANDER,VALIYATHARAYIL
          MERIVILASAM,MANAGING TRUSTEE, M/S. GOOD SHEPHERD
          EDUCATIONAL TRUST NO. 268/4/1979,REGISTERED OFFICE
          AT CHENNITHALA VILLAGE ,MAVELIKKARA TALUK,
          ALAPPUZHA, PIN - 690105

    2     JOHN PRAKASH, AGED 37 YEARS
          S/O. REV. V.J. ALEXANDER,VALIYATHARAYIL MERIVILASAM,
          CORRESPONDENT, M/S. GOOD SHEPHERD EDUCATIONAL
          TRUST NO. 268/4/1979,REGISTERED OFFICE AT
          CHENNITHALA VILLAGE,MAVELIKKARA TALUK, ALAPPUZHA,
          PIN - 690105

    3     M/S. GOOD SHEPHERD EDUCATIONAL TRUST NO. 268/4/1979
          REGISTERED OFFICE AT CHENNITHALA VILLAGE,
          MAVELIKKARA TALUK, ALAPPUZHA, REPRESENTED BY ITS
          MANAGING TRUSTEE OMANA ALEXANDER., PIN - 690105

          BY ADVS.ABDUL LATHIEF T.M
          NITHIN A.R.(K/142/2023)


     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 14.08.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO. 1458 OF 2023
                               :: 2 ::


                           JUDGMENT

Dated this the 14th day of August 2023

The original petition is filed to direct the court of

the District Judge, Pathanamthitta to consider and

dispose of CMA 10/22, expeditiously.

2. Pursuant to the order dated 21.7.2023 passed

by this Court, the learned District Judge, by

communication dated 26.7.2023, has informed this

Court that CMA 10/22 stands posted to 16.9.2023 to

consider the question of maintainability. If the appeal is

found to be maintainable, the court below will consider

and dispose of the appeal within three months.

3. Heard; Sri.V.Venugopalan Nair, the learned

counsel for the petitioner and Sri.T.M.Abdul Latheef,

the learned counsel appearing for the respondents.

4. Having considered the pleadings and materials

on record and after perusing the communication of the OP(C) NO. 1458 OF 2023 :: 3 ::

learned District Judge, in exercise of the supervisory

powers of this Court under Article 227 of the

Constitution of India, I am inclined to dispose of the

original petition.

Resultantly, I dispose of the original petition as

follows:

1 The court of the District Judge, Pathanamthitta is directed to consider the question of maintainability of CMA 10/22, in accordance with law and as expeditiously as possible, at any rate, on or before 30.09.23.

2 If the court below finds the appeal to be maintainable, the court below shall then consider and dispose of the CMA 10/22, in accordance with law and as expeditiously as possible, at any rate, on or before 31.10.23.

sd/-

C.S.DIAS JUDGE jes OP(C) NO. 1458 OF 2023 :: 4 ::

APPENDIX OF OP(C) 1458/2023

PETITIONER EXHIBITS:

Exhibit P1 TRUE COPY OF ORDER DTD 22ND NOVEMBER 2021 IN I A NO.

01/2021 IN OS. NO. 21/2021 OF THE HON'BLE SUB-COURT THIRUVALLA, PASSED UNDER RULE -1 OF ORDER 39 OF THE CPC

Exhibit P2 A TRUE COPY OF CMA 10/2022 DTD 26-2-2022 FILED BY THE PETITIONER AND NOW PENDING BEFORE THE HON'BLE DISTRICT COURT PATHANAMTHITTA IS PRODUCED

Exhibit P3 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE RESPONDENT ON 4-4-2022 IN THE I.A NO.1/2022 IN CMA 10/2022 AND NOW PENDING BEFORE THE HON'BLE DISTRICT COURT PATHANAMTHITTA IS PRODUCED