Abida vs Seethamma
2023 Latest Caselaw 7383 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
               THE HONOURABLE MR. JUSTICE P.SOMARAJAN
        TUESDAY, THE 27TH DAY OF JUNE 2023 / 6TH ASHADHA, 1945
                       OP(C) NO. 1271 OF 2023
  AGAINST THE ORDER IN I.A.NO.489/2022 IN OS 450/2014 OF MUNSIFF
                           COURT, PARAVUR
PETITIONERS/PLAINTIFFS 1 TO 3/PETITIONERS:

    1       ABIDA, AGED 65, W/O ABDUL KHADER, HOUSE WIFE,
            RESIDING AT KOLLAMPARAMBIL, KARUMALLOOR KARA,
            KARUMALUR.P.O, N.PARAVUR, ERNAKULAM - 683511
    2       ABDUL FAZAL, S/O ABDHUL KHADER,
            RESIDING AT KOLLAMPARAMBIL, KARUMALLOOR KARA,
            KARUMALUR.P.O, N.PARAVUR, ERNAKULAM - 683511
    3       MUHAMMED FIROZ,S/O ABDUL KHADER, RESIDING AT
            KOLLAMPARAMBIL, KARUMALLOOR KARA, KARUMALUR.P.O,
            N.PARAVUR, ERNAKULAM - 683511
            BY ADVS.
            K.A.MANZOOR ALI
            M.A.KRISHNAKUMAR (NORTH PARUR)


RESPONDENTS/DEFENDANTS 1 AND 2/RESPONDENTS:

    1       SEETHAMMA, AGED 76,
            AGED 76, D/O PARUKUTTYAMMA, KUPPAKKATT HOUSE,
            KARUMALLOOR, KARUMALLOR.P.O, N.PARAVUR, ERNAKULAM-
            683511.
    2       SURESH KUMAR
            S/O SEETHAMMA, AGED 48, KUPPAKKATT HOUSE, KARUMALLOOR,
            KARUMALL0R.P.O, N.PARAVUR, ERNAKULAM - 683511



     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 27.06.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO. 1271 OF 2023

                                         2


                                  JUDGMENT

The petitioners seek an early disposal of the

restoration application, Ext.P12. Hence, notice to the

respondents is dispensed with. There will be a

direction to the trial court to take up Ext.P12

application and to dispose of the same within three

weeks from the next posting date, that is, 20/07/2023.

The original petition will stand allowed

accordingly.

Sd/-

P.SOMARAJAN JUDGE msp OP(C) NO. 1271 OF 2023

APPENDIX OF OP(C) 1271/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PLAINT FILED AS O.S NO.450/2014 BY THE 1ST PETITIONER BEFORE THE MUNSIFF COURT, PARAVUR Exhibit P2 TRUE COPY OF THE COMMISSION APPLICATION IA NO. 1264/2014 FILED IN O.S NO. 450/2014 FILED BY THE 1ST PETITIONER.

Exhibit P3 TRUE COPY OF THE INJUNCTION APPLICATION IA NO.1265/2014 FILED IN O.S NO.450/2014 FILED BY THE 1ST PETITIONER.

Exhibit P4 TRUE COPY OF THE IA NO.1915/2014 FILED IN O.S NO.450/2014 FILED BY THE RESPONDENTS BEFORE THE MUNSIFF COURT, PARAVUR.

Exhibit P5 TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE RESPONDENTS IN O.S NO.450/2014 BEFORE THE MUNSIFF COURT, PARAVUR.

Exhibit P6 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE RESPONDENTS IN IA NO.1265/2014 BEFORE THE MUNSIFF COURT, PARAVUR.

Exhibit P7 TRUE COPY OF THE IMPLEADING PETITION IA NO.1867/2019 IN O.S NO.450/2014 FILED BY THE PETITIONER BEFORE MUNSIFF COURT, PARAVUR. Exhibit P8 TRUE COPY OF THE AMENDMENT APPLICATION IA NO.

1912/2019 FILED IN O.S NO. 450/2014 FILED BY THE PETITIONER BEFORE MUNSIFF COURT, PARAVUR. Exhibit P9 TRUE COPY OF THE AMENDED PLAINT IN O.S.

450/2014 FILED BEFORE THE MUNSIFF COURT, PARAVUR.

Exhibit P10 TRUE COPY OF THE ADDITIONAL WRITTEN STATEMENT FILED IN O.S NO. 450/2014 BY THE RESPONDENTS Exhibit P11 TRUE COPY OF THE IA NO.1/2022 FILED IN O.S NO. 450/2014 BY THE 1ST PETITIONER. Exhibit P12 TRUE COPY OF THE IA NO.489/2022 FILED IN O.S NO. 450/2014 BEFORE THE MUNSIFF COURT NORTH PARAVUR