Kerala High Court
Suhara Ali vs Sajosh on 20 February, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
TUESDAY, THE 20TH DAY OF FEBRUARY 2024 / 1ST PHALGUNA, 1945
OP(C) NO. 434 OF 2024
AS 48/2023 OF DISTRICT COURT & SESSIONS COURT,THRISSUR
PETITIONER(S)/APPELLANT/DEFENDANT NO.2:
SUHARA ALI
AGED 69 YEARS
W/O., KUNJADATH ALI, MANATHALA VILLAGE AND DESOM,
CHAVAKKAD P.O, CHAVAKKAD TALUK, THRISSUR, PIN - 680506
BY ADVS.
MUHAMMED YASIL
M.A.AHAMMAD SAHEER
E.A.HARIS
RESPONDENT(S)/RESPONDENTS/PLAINTIFF/DEFENDANT NO.1 & 3 TO 9:
1 SAJOSH
AGED 45 YEARS
S/O.KAREPARAMBIL ANTONY, KANNAMKULANGARA DESOM,
CHIYYARAM VILLAGE, KOORKKANCHERY (P.O.), THRISSUR TALUK,
THRISSUR, PIN - 680007
2 MUHAMMED SAGEER
AGED 41 YEARS
S/O., KUNJADATH ALI, MANATHALA VILLAGE AND DESOM,
CHAVAKKAD P.O, CHAVAKKAD TALUK, THRISSUR, PIN - 680506
3 SHAMEER
AGED 38 YEARS
S/O., KUNJADATH ALI, MANATHALA VILLAGE AND DESOM,
CHAVAKKAD P.O, CHAVAKKAD TALUK, THRISSUR, PIN - 680506
4 SHAFEEQ
AGED 43 YEARS
S/O., KUNJADATH ALI, MANATHALA VILLAGE AND DESOM,
CHAVAKKAD P.O, CHAVAKKAD TALUK, THRISSUR, PIN - 680506
5 SABEENA
AGED 37 YEARS
D/O., KUNJADATH ALI, MANATHALA VILLAGE AND DESOM,
CHAVAKKAD P.O, CHAVAKKAD TALUK, THRISSUR, PIN - 680506
6 REHNA LAJUDHEEN
AGED 40 YEARS
W/O., KUNJADATH LAJUDHEEN, MANATHALA VILLAGE AND DESOM,
CHAVAKKAD P.O, CHAVAKKAD TALUK, THRISSUR, PIN - 680506
7 LIYANA
AGED 20 YEARS
D/O., KUNJADATH LAJUDHEEN, MANATHALA VILLAGE AND DESOM,
O.P.(C.) No.434 of 2024
2
CHAVAKKAD P.O, CHAVAKKAD TALUK, THRISSUR, PIN - 680506
8 LAYANA(MINOR)
AGED 16 YEARS
REPRESENTED BY HER GUARDIAN/MOTHER REHNA LAJUDHEEN,
D/O., KUNJADATH LAJUDHEEN, MANATHALA VILLAGE AND DESOM,
CHAVAKKAD P.O, CHAVAKKAD TALUK, THRISSUR, PIN - 680506
9 LIMNA(MINOR)
AGED 14 YEARS
REPRESENTED BY HER GUARDIAN/MOTHER REHNA LAJUDHEEN,
D/O., KUNJADATH LAJUDHEEN, MANATHALA VILLAGE AND DESOM,
CHAVAKKAD P.O, CHAVAKKAD TALUK, THRISSUR, PIN - 680506
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 20.02.2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(C.) No.434 of 2024
3
C.JAYACHANDRAN, J.
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O.P.(C.) No.434 of 2024
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Dated this the 20th day of February, 2024
JUDGMENT
The petitioner herein is the second defendant in the
suit, O.S. No.7/2019 and the appellant in A.S.
No.48/2023 pending before the District Court, Thrissur.
All what the petitioner seeks is expeditious disposal of
Exts.P4 and P5 applications, which are for stay of
execution of the judgment and decree; and for
condonation of delay, respectively.
2. Having heard the learned counsel for the
petitioner, this Court is of the opinion that notice to the
respondents can be dispensed with.
3. Accordingly, there will be a direction to the
learned District Judge, Thrissur to hear and dispose of
Exts.P4 and P5 applications expeditiously, at any rate,
within a period of one month from the date of receipt of
a copy of this judgment.
The Original Petition is disposed of as above.
Sd/-
C. JAYACHANDRAN
JUDGE
SKP/20-02
APPENDIX OF OP(C) 434/2024
PETITIONER'S EXHIBITS:
EXHIBIT-P1 A TRUE COPY OF THE PLAINT DATED 09.01.2019 IN
O.S.NO.7/2019 OF SUB COURT CHAVAKKAD
EXHIBIT-P2 A TRUE COPY OF THE JUDGMENT DATED 22.11.2022 IN
O.S.NO.7/2019 OF SUB COURT CHAVAKKAD
EXHIBIT-P3 A TRUE COPY OF THE APPEAL MEMORANDUM DATED
30.03.2023 IN A.S.NO.48/2023 ON THE FILES OF
THE DISTRICT COURT, THRISSUR
EXHIBIT-P4 A TRUE COPY OF THE PETITION AND AFFIDAVIT
NUMBERED AS I.A NO.1/2023 IN A.S NO.48/2023 OF
DISTRICT COURT, THRISSUR DATED 30.03.2023
EXHIBIT-P5 A TRUE COPY OF THE PETITION AND AFFIDAVIT
NUMBERED AS I.A NO.2/2023 IN A.S NO.48/2023 OF
DISTRICT COURT, THRISSUR DATED 30.03.2023
EXHIBIT-P6 A TRUE COPY OF THE JUDGMENT DATED 14.02.2024 IN
O.P(CIVIL)NO.370/2024 OF THIS HON'BLE COURT
RESPONDENTS' EXHIBITS:NIL
TRUE COPY
P.A. TO JUDGE
