Citation : 2024 Latest Caselaw 10634 Ker
Judgement Date : 11 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
Thursday, the 11th day of April 2024 / 22nd Chaithra, 1946
OP(C) NO. 986 OF 2023
FDIA 5214/2013 IN O.S 505/2012 OF THE MUNSIFF'S COURT, KANNUR.
PETITIONER/ PETITIONER/ PLAINTIFF:
MOWERI MOHANAN, AGED 67 YEARS, S/O. M.RAMAN, RESIDING AT AISWARYA,
PANANKAVU, P.O.CHIRAKKAL, KANNUR DISTRICT, PIN - 670 011.
BY ADVS. M/S T.K.VIPINDAS, K.V.SREE VINAYAKAN, K.M.MUHAMMED HUSSAIN
& CHANDRAKANTH K. ULLAS
RESPONDENTS/ RESPONDENTS/ DEFENDANTS:
1. MOWERI MEENAKSHI, AGED 84 YEARS, D/O. M.RAMAN, RESIDING AT
"PUTHIYONNAN HOUSE", EDAKKA AMSOM, KIZHUNNA DESOM, KANNUR, PIN -
670 007.
2. MOWERI KARTHYAYANI, AGED 81 YEARS, D/O. M.RAMAN, RESIDING AT
"SHEEJAS", NEAR CIVIL STATION, KOZHIKODE, KOZHIKODE DISTRICT, PIN -
673 001.
3. MOWERI SUSHEELA, AGED 75 YEARS, D/O. M.RAMAN, RESIDING AT "ORAKKAN
HOUSE", KOOTHUPARAMBA AMSOM AND DESOM, KANNUR, PIN - 670 643.
4. MOWERI VENUGOPALAN, AGED 69 YEARS, S/O. M.RAMAN, MOWERI HOUSE, NEAR
PUTHIYATHERU, MANDAPAM, CHIRAKKAL AMSOM DESOM, KANNUR DISTRICT, PIN
- 670 011.
5. MOWERI PRAMEELA, AGED 71 YEARS, D/O. M.RAMAN, RESIDING AT
"VRINDAVAN", PUZHATHI AMSOM, PALLIKKUNNU DESOM, P.O.PALLIKUNNU,
KANNUR, PIN - 670 004.
BY ADVS. M/S. A.L.GEORGE FOR R1 to R3 &
SRI. MAHESH V. RAMAKRISHNAN FOR R4
This OP (Civil) having come up for orders on 11-04-2024, upon
perusing the letter dated 17-01-2024 of Additional Munsiff, Kannur and
this court's judgment dated 22-05-2023, the court on the same day passed
the following;
(PTO)
P.SOMARAJAN, J.
-------------------------
OP(C) No.986 of 2023
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Dated this the 11th day of April, 2024
ORDER
It is reported by the present officer occupying
the office of Additional Munsiff, Kannur that his
predecessor-in-office had earlier sought extension of
time to dispose final decree application in 5214/2013
after the expiry of the time schedule of three months
on 21/08/2023. This Court based on the letter dated
16/08/2023 issued by the predecessor, three months
further time was granted and that was expired on
21/11/2023. It was not complied with by the officer
within that time and no further extension was sought
and thereby flouted the direction issued by this
court. It is also reported that subsequently he was
transferred on 29/11/2023. Hence, the Registry is
hereby directed to call for explanation from the then
officer (presently Judicial First Class Magistrate,
Kannur) as to why contempt proceedings shall not be
initiated under Section 2(b) of Contempt of Court Act,
1971 against him for the wilful disobedience of the
direction of this court by way of judgment as well as
subsequent order based on the letter dated 16/08/2023.
Explanation shall be placed before this court on
20/05/2024 to proceed further in the matter.
Sd/-
P.SOMARAJAN JUDGE msp
11-04-2024 /True Copy/ Assistant Registrar
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