Arun Boby vs Asharaf
2024 Latest Caselaw 9267 Ker

Kerala High Court

Arun Boby vs Asharaf on 3 April, 2024

Author: Kauser Edappagath

Bench: Kauser Edappagath

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
        THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
 WEDNESDAY, THE 3RD DAY OF APRIL 2024 / 14TH CHAITHRA, 1946
                    OP(C) NO. 846 OF 2024
   AGAINST THE ORDER/JUDGMENT DATED IN OS NO.166 OF 2015
                   OF MUNSIFF COURT,ALUVA
PETITIONER/DECREE HOLDER:

         ARUN BOBY
         AGED 40 YEARS, S/O. LATE MATHEW,
         CHIRAKKAL HOUSE, THANKALAM,
         KOTHAMANGALAM,
         ERNAKULAM DISTRICT, PIN - 686691

         BY ADVS.
         P.V.BABY
         VINEETH P.BABY


RESPONDENT/JUDGMENT DEBTOR:

         ASHARAF
         AGED 54 YEARS, S/O. ABDUKUNJU,
         NJARAKKATTU HOUSE, ELOOR,
         NOW AT CHIRAKKAL HOUSE, 13/227,
         CHEMBAKASSERY JUNCTION,
         ALUVA, PIN - 683101

     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
03.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 O.P.(C) No. 846 of 2024


                                      ..2..


                            JUDGMENT

This original petition has been filed to give a direction to the Munsiff

Court, Aluva to dispose of Exts.P4 and P5 applications.

2. The above applications were filed only in the month of January

2024. Now, those applications are posted on 27/05/2024. The learned Munsiff

is not expected to dispose of the petitions within two months of its filing.

Moreover, no urgent reliefs were sought in those applications.

This original petition is meritless and accordingly, it is dismissed.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE APA

..3..

APPENDIX OF OP(C) 846/2024

PETITIONER EXHIBITS

EXHIBIT P1 A TRUE PHOTO COPY OF THE DECREE IN OS NO.

166/2015 DATED 9/12/2021 OF THE MUNSIFF'S COURT, ALUVA EXHIBIT P2 A TRUE PHOTO COPY OF THE DELIVERY REPORT IN EP NO. 13/2022 IN OS NO. 166/2015 DATED 23/1/2024 OF THE MUNSIFF'S COURT, ALUVA EXHIBIT P3 A TRUE PHOTOCOPY OF THE FIR NO. 172/2024 DATED 24/1/2024 SUBMITTED BY THE ALUVA POLICE BEFORE THE JFMC-I, ALUVA EXHIBIT P4 A TRUE PHOTOCOPY OF THE EA NO. 6/2024 IN EP NO.

13/2022 IN OS NO. 166/2015 DATED 25/1/2024 OF THE MUNSIFF'S COURT, ALUVA EXHIBIT P5 A TRUE PHOTOCOPY OF EA NO. 5/2024 IN EP NO.

13/2022 IN OS NO. 166/2015 DATED 24/1/2024 OF THE MUNSIFF'S COURT, ALUVA