Abdul Shukkoor vs Abdul Salam
2023 Latest Caselaw 3172 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR.JUSTICE C.S.DIAS
     THURSDAY, THE 23RD DAY OF MARCH 2023 / 2ND CHAITHRA, 1945
                        OP(C) NO. 1683 OF 2022
             IN OS 388/2018 OF MUNSIFF COURT,ATTINGAL
PETITIONERS/DEFENDANTS NO.1 & 2:

    1     ABDUL SHUKKOOR
          AGED 80 YEARS
          S/O MOHAMMAD MUSTAFA, SAINA NIVAS, NEAR TOWN HALL,
          ATTINGAL, AVANAVANCHERI VILLAGE,
          THIRUVANANTHAPURAM, PIN - 695101

    2     HASEENA
          AGED 38 YEARS
          D/O ABDUL SHUKKOO, SAINA NIVAS, TOWN HALL, ATTINGAL,
          AVANAVANCHERI VILLAGE, THIRUVANANTHAPURAM,
          PIN - 695101

          BY ADV SIJO PATHAPARAMBIL JOSEPH



RESPONDENT/PLAINTIFF:

          ABDUL SALAM
          AGED 68 YEARS
          S/O MOHAMMAD MUSTAFA , MANNATH HOUSE NEAR GOVERNMENT
          ITI, ATTINGAL , THIRUVANANTHAPURAM, PIN - 695101

          BY ADV R.SATISH KUMAR




     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 23.03.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO. 1683 OF 2022              2



            Dated this the 23rd   day of March, 2023

                           JUDGMENT

The original petition is filed to direct the Court of

Munsiff, Attingal, to consider and dispose of O.S.

No.388/2018 within a reasonable time period.

2. Pursuant to the order dated 2.9.2022 passed by

this Court, the learned Munsiff, by communication dated

16.9.2022, has informed this Court that the suit is filed

for a decree of permanent prohibitory injunction and

other consequential reliefs. The suit stands posted for

steps to 3.10.2022. The court below requires six months

time to dispose of the suit.

3. Heard; Sri.Sijo Pathaparambil Joseph, the learned

counsel appearing for the petitioners and Sri. R. Sathish

Kumar, the learned counsel appearing for the respondent.

4. In the light of 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 227 of the Constitution of India, I

direct the Court of the Munsiff, Attingal, to consider and

dispose of O.S. No.388/2018, in accordance with law and

as expeditiously as possible, at any rate, within a period

of four months from the date of receipt of a certified copy

of the judgment.

The original petition is ordered accordingly.

Sd/-

C.S.DIAS, JUDGE

rmm23/3/2023

APPENDIX OF OP(C) 1683/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE PLAINT IN OS NO.

388/2018 OF MUNSIFFS COURT, ATTINGAL

Exhibit P2 TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE DEFENDANTS IN OS NO. 388/2018 OF MUNSIFFS COURT, ATTINGAL

Exhibit P3 TRUE COPY OF THE BUILDING PERMIT DATED 27/11/2017 ISSUED BY THE MUNICIPAL SECRETARY, ATTINGAL MUNICIPALITY