Mohammed A Shereef vs Shibu J
2023 Latest Caselaw 10622 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
        THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
  MONDAY, THE 16TH DAY OF OCTOBER 2023 / 24TH ASWINA, 1945
                       OP(C) NO. 2081 OF 2023
 AGAINST THE ORDER/JUDGMENT OS 614/2018 OF PRINCIPAL MUNSIFF
                         COURT, NEDUMANGAD
PETITIONER/2ND APPELLANT/2ND PLAINTIFF:

             MOHAMMED A SHEREEF
             AGED 64 YEARS, S/O. MOHAMMED ALI,
             MANAKKATTIL HOUSE, VALIYAVELI (P,O)
             POUNDUKADEVU, KOLLUMURI, ATTIPRA VILLAGE,
             THIRUVANANTHAPURAM,, PIN - 695021
             BY ADVS.
             GOPAKUMAR R.THALIYAL
             R.B.BALACHANDRAN

RESPONDENTS/RESPONDENTS 1 TO 3 & 1ST APPELLANT/DEFENDANTS 1
TO 3 & 1ST PLAINTIFF:

    1        SHIBU J
             AGED 50 YEARS, S/O. JALALUDEEN,
             SHIBU MANZIL, PANGODE (P.O), ANAKODE MURI,
             OPPOSITE MTM SCHOOL, NEDUMANGAD,
             THIRUVANANTHAPURAM, PIN - 695609
    2        JOSEPH CHIRAYIL PHILIP
             AGED 49 YEARS, S/O. PHILIP,
             CHIRAYIL SANTHOSH VILLA, PERINGARA VILLAGE,
             PATHANAMTHITTA DISTRICT, PIN - 689108
    3        B. RAJEEV
             AGED 40 YEARS, S/O. KRISHNA PILLAI,
             RAJI BHAVANAM, KURUMBAYAM, KALLARA,
             KALLARA (P.O), THIRUVANANTHAPURAM - 695608
    4        MOTHER TERESA MEMORIAL TRUST
             MOTHER TERESA MEMORIAL SCHOOL OFFICE,
             PULIPARA, PANGODE (P.O),
             THIRUVANANTHAPURAM, PIN - 695609
             REPRESENTED BY PRINCIPAL SECRETARY,
     THIS     OP   (CIVIL)    HAVING   COME   UP    FOR    ADMISSION    ON
16.10.2023,     THE   COURT    ON   THE   SAME     DAY    DELIVERED    THE
FOLLOWING:
 O.P.(C).No. 2081 of 2023
                                      :2:


                      DEVAN RAMACHANDRAN, J.
                  =========================
                        O.P.(C).No. 2081 of 2023
                 ==========================
                 Dated this the 16th day of October, 2023

                                  JUDGMENT

The petitioner seeks that C.M.A.No.1/2020 before the Sub

Court, Nedumangad, be directed to be disposed of within a time

frame to be fixed by this Court.

2. Noticing the afore limited plea of the petitioner, this Court

directed the Registry to obtain a report from the learned Sub Judge,

Nedumangad, which is now available. The learned Sub Judge has

reported that she will be able to dispose of the suit within three

months after completion of the trial steps.

3. Taking note of the afore, I am of the view that summons is not

required to be issued to the respondents because, it will also be in

their interest that the suit is disposed of at the earliest.

In the afore circumstances, I allow this Original Petition, and

direct the learned Sub Judge, Nedumangad, to dispose of

C.M.A.No.1/2020, as expeditiously as is possible, but not later than

three months from the date of receipt of a copy of this judgment.

I, however, clarify that the Court will give all necessary

opportunities to both sides while doing as afore.

Sd/-

DEVAN RAMACHANDRAN, JUDGE anm O.P.(C).No. 2081 of 2023

APPENDIX OF OP(C) 2081/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PLAINT DATED 13.08.2018 IN O.S NO. 614/2018 ON THE FILES OF THE MUNSIFF'S COURT, NEDUMANGAD.

Exhibit P2 TRUE COPY OF THE AFFIDAVIT AND PETITION DATED 13.08.2018 IN I.A NO. 3355/2018 IN O.S. NO. 614/2018 BEFORE THE MUNSIFF'S COURT, NEDUMANGAD Exhibit P3 TRUE COPY OF THE OBJECTION DATED 30.10.2018 IN I.A NO. 3355/2018 IN O.S NO. 614/2018 BEFORE THE MUNSIFF'S COURT, NEDUMANGAD Exhibit P4 TRUE COPY OF THE ORDER DATED 07.11.2019 IN I.A NO. 3355/2018 IN O.S NO. 614/2018 PASSED BY THE ADDITIONAL MUNSIFF'S COURT, NEDUMANGAD Exhibit P5 TRUE COPY OF THE MEMORANDUM OF APPEAL DATED 29.02.2020 IN C.M.A NO.1/2020 BEFORE THE SUB COURT, NEDUMANGAD Exhibit P6 TRUE COPY OF THE AFFIDAVIT AND PETITION DATED 29.02.2020 BEFORE THE SUB COURT, NEDUMANGAD