Kolekkarakath Puthiyapurayil ... vs Kolekkarakath Puthiyapurayil ...
2023 Latest Caselaw 145 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                   THE HONOURABLE MR.JUSTICE C.S.DIAS
         FRIDAY, THE 6TH DAY OF JANUARY 2023 / 16TH POUSHA, 1944
                         OP(C) NO. 2569 OF 2022
AGAINST THE ORDER/JUDGMENT OS 139/2018 OF MUNSIFF COURT, THALIPARAMBA
PETITIONERS/PETITIONERS:

     1       KOLEKKARAKATH PUTHIYAPURAYIL FATHIMA
             AGED 69 YEARS
             DAUGHTER OF LATE KAYAKOOL BAVOTTI, KOOVERI AMSOM,
             PADAPPENGAD DESOM, TALIPARAMBA TALUK, PADAPPENGAD P.O.,
             KANNUR DISTRICT - 670 581.

     2       KOLEKKARAKATH PUTHIYAPURAYIL MARIYAM
             AGED 59 YEARS
             DAUGHTER OF LATE KAYAKOOL BAVOTTI, KOOVERI AMSOM,
             PADAPPENGAD DESOM, TALIPARAMBA TALUK, PADAPPENGAD P.O.,
             KANNUR DISTRICT - 670 581 - 670581

     3       KOLEKKARAKATH PUTHIYAPURAYIL SIDDIQUE
             AGED 54 YEARS
             SON OF LATE KAYAKOOL BAVOTTI, KOOVERI AMSOM,
             PADAPPENGAD DESOM, TALIPARAMBA TALUK, PADAPPENGAD P.O.,
             KANNUR DISTRICT - 670581

     4       KOLEKKARAKATH PUTHIYAPURAYIL AZEEZ
             AGED 49 YEARS
             SON OF LATE KAYAKOOL BAVOTTI, KOOVERI AMSOM,
             PADAPPENGAD DESOM, TALIPARAMBA TALUK, PADAPPENGAD P.O.,
             KANNUR DISTRICT - 670581

     5       KOLEKKARAKATH PUTHIYAPURAYIL UMMER
             AGED 47 YEARS
             SON OF LATE KAYAKOOL BAVOTTI, KOOVERI AMSOM,
             PADAPPENGAD DESOM, TALIPARAMBA TALUK, PADAPPENGAD P.O.,
             KANNUR DISTRICT - 670581

             BY ADVS.
             C.MURALIKRISHNAN (PAYYANUR)
             ABRAHAM GEORGE JACOB
             P.I.RAHEENA
 OP(C) NO. 2569 OF 2022
                                    2

RESPONDENT/RESPONDENT:

             KOLEKKARAKATH PUTHIYAPURAYIL NABEESA
             AGED 64 YEARS
             DAUGHTER OF LATE KAYAKOOL BAVOTTI, PADAPPENGAD,
             PADAPPENGAD P.O., KOOVERI AMSOM,
             PADAPPENGAD DESOM, TALIPARAMBA TALUK,
             KANNUR DISTRICT - 670581


     THIS     OP   (CIVIL)    HAVING    COME   UP    FOR    ADMISSION    ON
06.01.2023,     THE   COURT    ON   THE   SAME      DAY    DELIVERED    THE
FOLLOWING:
 OP(C) NO. 2569 OF 2022
                                    3

                         JUDGMENT

The Original petition is filed to direct the Court of the

Munsiff, Thaliparamba, to consider and dispose of

O.S.139/2018 within a time frame.

2. Pursuant to the order dated 23.12.2022 passed

by this Court, the learned Munsiff, by communication

dated 04.01.2023, has informed this Court that the suit is

filed for partition. The suit stands posted for framing of

issues. The Court below would make an endeavour to

dispose of the suit within nine months.

3. Heard Sri.C.Muralikrishnan, the learned Counsel

appearing for the petitioners. Even though notice has

been served on the learned Counsel appearing for the

respondent before the court below, there is no

appearance for her.

In the light of the pleadings and materials on record OP(C) NO. 2569 OF 2022

and after perusing the communication of learned Munsiff,

in an exercise of supervisory powers of this Court under

Article 226 of Constitution of India, I direct the Court of

Munsiff, Thaliparamaba, to consider and dispose of

O.S.139/2018, in accordance with law, as expeditiously

possible, at any rate within a period of nine months from

the date of receipt of certified copy of this judgment.

The original petition is ordered accordingly.

Sd/-

C.S.DIAS JUDGE nak OP(C) NO. 2569 OF 2022

APPENDIX OF OP(C) 2569/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE PLAINT DATED 02.04.2018 IN O.S.NO 139/2018 FILED BY THE PETITIONERS BEFORE THE MUNSIFF'S COURT, TALIPARAMBA.

Exhibit P2 TRUE COPY OF THE WRITTEN STATEMENT DATED 20.03.2019 IN O.S. NO 139/2018 OF THE MUNSIFF COURT, TALIPARAMBA FILED BY RESPONDENT

Exhibit P3 - A TRUE COPY OF THE CASE DETAILS-HISTORY OF OS 139/2018 OF MUNSIFF'S COURT, TALIPARAMBA DOWNLOADED FROM E-COURT WEBSITE