Shamla Azeem vs Junaida Beegum
2023 Latest Caselaw 7520 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MR. JUSTICE P.SOMARAJAN
        FRIDAY, THE 7th DAY OF JULY 2023 / 16TH ASHADHA, 1945
                       OP(C) NO. 864 OF 2023
OS No.711/2021 OF III ADDITIONAL MUNSIFF COURT, THIRUVANANTHAPURAM
PETITIONERS/DEFENDANTS 1 & 2:

    1      SHAMLA AZEEM, AGED 56 YEARS,
           W/O. ABDUL AZEEM, RESIDING AT SAJIL NIVAS,
           T C 25/3865, A-37, KANAKA NAGAR, KOWDIAR P O,
           THIRUVANANATHAPURAM - 695 003, REPRESENTED BY HER POWER
           OF ATTORNEY HOLDER, MR.SUNIL KUMAR.V, AGED 46 YEARS,
           S/o VIDHYADHARAN, T.C.10/1086, KONNAVILAKOM HOUSE,
           NEAR GHS, MANNANTHALA, NALANCHIRA.P.O,
           THIRUVANANTHAPURAM, PIN - 695015

    2      ABDUL AZEEM, AGED 60 YEARS,
           S/o SHAHABUDHEEN, RESIDING AT SAJIL NIVAS,
           T C 25/3865, A-37, KANAKA NAGAR, KOWDIAR P O,
           THIRUVANANATHAPURAM - 695 003, REPRESENTED BY HIS POWER
           OF ATTORNEY HOLDER, MR.SUNIL KUMAR.V, AGED 46 YEARS,
           S/o VIDHYADHARAN, T.C.10/1086, KONNAVILAKOM HOUSE,
           NEAR GHS, MANNANTHALA, NALANCHIRA.P.O,
           THIRUVANANTHAPURAM-695015.

           BY ADVS. LIJU.V.STEPHEN
                    INDU SUSAN JACOB
                    P.M.HRIDYA



RESPONDENTS/PLAINTIFF & DEFENDANTS 3 & 4

    1      JUNAIDA BEEGUM, AGED 59 YEARS,
           W/o MUHAMMED DALIF, T.C.11/230, A-39,
           PARAKUZHY PURAYIDOM, KANAKA NAGAR, NANTHENCODE,
           KOWDIAR.P.O, THIRUVANANTHAPURAM, PIN - 695003

    2      A.NIZAMUDEEN, AGED 56 YEARS,
           S/o ABDUL RASHEED, ZAM ZAM MANZIL, VENGODE,
           KUDAVOOR.P.O, KEEZHTHONNAKKAL VILLAGE,
           THIRUVAANTHAPURAM AND NOW AT T.C.11/229, "HAYATH",
           KANAKA NAGAR, KOWDIAR.P.O, THIRUVANANTHAURAM,
           PIN - 695003
 OP(C) No.864 of 2023                2




      3       LIJIYA, AGED 50 YEARS,
              W/o A.NIZAMUDEEN, ZAM ZAM MANZIL, VENGODE,
              KUDAVOOR.P.O, KEEZHTHONNAKKAL VILLAGE,
              THIRUVAANTHAPURAM AND NOW AT T.C.11/229, "HAYATH",
              KANAKA NAGAR, KOWDIAR.P.O,
              THIRUVANANTHAURAM, PIN - 695003


      THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 07.07.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) No.864 of 2023                  3




                                JUDGMENT

The petitioners came up for speedy disposal of the

suit of the year 2021. In fact, there is no urgency for

an early disposal of the case. But, as an abundant

caution, there will be a direction to the trial court to

dispose of the suit at the earliest, within a time

schedule of one year from the next posting date. Notice

to the third respondent is dispensed with.

The Original Petition will stand allowed accordingly.

Sd/-

P.SOMARAJAN JUDGE

DMR/-

APPENDIX OF OP(C) 864/2023

PETITIONERS' EXHIBITS

Exhibit P1 TRUE COPY OF PLAINT O.S. NO. 711/2021 FILED BY THE 1ST RESPONDENT BEFORE THE MUNSIFF'S COURT, THIRUVANANTHAPURAM DATED 13-7-2021

Exhibit P2 TRUE COPY OF THE THANDAPER ACCOUNT DETAILS OBTAINED UNDER RTI EVIDENCING THE REMITTANCE OF LAND TAX FOR AN EXTENT OF 4.495 CENTS (1.82 ARES) DATED 2-3-2023

Exhibit P3 TRUE COPY OF THE THANDAPER ACCOUNT DETAILS OBTAINED UNDER RTI EVIDENCING THE REMITTANCE OF LAND TAX FOR AN EXTENT OF AND 4.124 CENTS (1.67 ARES) DATED 2-3-2023

Exhibit P4 TRUE COPY OF WRITTEN STATEMENT FILED BY THE PETITIONERS/1ST AND 2ND DEFENDANTS RAISING THE ABOVE CONTENTIONS IN O.S. NO. 711/2021 BEFORE THE MUNSIFF'S COURT, THIRUVANANTHAPURAM

Exhibit P5 TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE 2ND AND 3RD RESPONDENTS/3RD AND 4TH DEFENDANTS IN O.S. NO. 711/2021 BEFORE THE MUNSIFF'S COURT, THIRUVANANTHAPURAM

Exhibit P6 TRUE COPY OF THE ORDER IN I.A.NO.5 OF 2022 IN O.S. NO. 711/2021 DATED 13.01.2023 PASSED BY THE ADDITIONAL MUNSIFF COURT-III, THIRUVANANTHAPURAM

Exhibit P7 TRUE COPY OF THE PHOTOGRAPH SHOWING THE PLACEMENT OF NOTICE BOARD ATTACHED ON THE CAR PORCH IN THE PROPERTY

Exhibit P8 TRUE COPY OF THE POLICE COMPLIANT FILED BY 1ST PETITIONER TO THE SHO, MUSEUM POLICE STATION, TRIVANDRUM

Exhibit P9 TRUE COPY OF THE RECEIPT DATED 5-1-2023 RECEIVED FROM THE MUSEUM POLICE STATION, THIRUVANANTHAPURAM

// TRUE COPY //

P.A. TO JUDGE