Kerala High Court
Safeena vs Muhammed Najeeb on 6 June, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
THURSDAY, THE 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946
OP(C) NO. 400 OF 2023
OS NO.319 OF 2015 OF MUNSIFF COURT,KAYAMKULAM
PETITIONER/2ND RESPONDENT:
SAFEENA
AGED 46 YEARS
D/O. ABDULLAKUTTY S.J HOUSE, ALAVILA KUNDAYAM
P.O., PATHANAPURAM, KOLLAM, PIN - 689695
BY ADVS.
T.M.ABDUL LATHEEF
NITHIN A.R.
RESPONDENTS/PETITIONER & 1ST RESPONDENT:
1 MUHAMMED NAJEEB
AGED 60 YEARS
S/O.KOCHUKUNJU, NYNARETHU HOUSE, ERUVAMURI,
PATHIYOOR VILLAGE, KOLLAM,
PIN - 689695 (DIED)
2 AJINAS
AGED 55 YEARS
S/O. ABDULLAKUTTY KOTTAKKATTU VADAKKETHIL HOUSE
PERINGALA, KAYAMKULAM, ALLAPUZHA
PIN-690559,
ADDL.R3 NABEESATH
AGED 50 YEARS
W/O MUHAMMED NAJEEB, NYNARETHU HOUSE,
ERUVAMURI, PATHIYOORVILLAGE, ALAPPUZHA 689695
ADDL.R4 NAVAS
AGED 30 YEARS
S/O MUHAMMED NAJEEB, NYNARETHU HOUSE,
ERUVAMURI, PATHIYOOR VILLAGE,
ALAPPUZHA 689695
ADD.R5 NAJEEMA
OP(C) NO. 400 OF 2023
- : 2 :-
AGED 28 YEARS
D/O MUHAMMED NAJEEB, NYNARETHU HOUSE, ERUVAMURI,
PATHIYOOR VILLAGE, ALAPPUZHA 689695
ADDITIONAL RESPONDENTS 3 TO 5 ARE IMPLEADED AS
THE LEGAL HEIRS OF R1 VIDE ORDER DATED 31.01.2024
IN IA 1/2024.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
06.06.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(C) NO. 400 OF 2023
- : 3 :-
JUDGMENT
Heard the learned counsel for the petitioner. There is no
appearance for the respondents.
2. The petitioner is the 2nd defendant, the 1st respondent is
the plaintiff and the 2nd respondent is the 1st defendant in O.S.No.319
of 2015 on the files of the Munsiff Court, Kayamkulam (for short, the
trial court'). During the pendency of this original petition, the 1 st
respondent died and his legal heirs were impleaded as additional
respondents 3 to 5.
3. The suit is one for specific performance of contract and for
permanent prohibitory injunction. The petitioner was set ex-parte,
and an ex-parte decree was passed against her. She filed an
application to set aside the ex-parte decree as R.P.No.78 of 2022 and
also I.A.No.1 of 2022 to condone the delay in filing the petition to set
aside the ex-parte decree. They are still pending. In the meanwhile,
the plaintiff filed the execution petition as E.P.No.44 of 2020 to
execute the decree. This Court, as per the order dated 16.02.2023,
passed an interim order deferring further proceedings in E.P.No.44 of
2020.
OP(C) NO. 400 OF 2023
- : 4 :-
4. The petitioner filed the petition to set aside the ex-parte
decree as well as the petition to condone the delay as early as in 2022,
but so far, they have not been disposed of. In the letter dated
21.02.2023, the learned Munsiff reported that those petitions could
be disposed of within one month.
Considering all these aspects, this original petition is disposed
of with a direction to the Munsiff Court, Kayamkulam, to dispose of
I.A.No.1 of 2022 and R.P.No.78 of 2022 within a period of two
months from the date of receipt of a copy of this judgment. Till the
disposal of those petitions, further proceedings in E.P.No.44 of
2020 shall be deferred.
Sd/-
DR.KAUSER EDAPPAGATH, JUDGE
AS
OP(C) NO. 400 OF 2023
- : 5 :-
APPENDIX OF OP(C) 400/2023
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE CASE DETAILS CONTAINED
IN THE E-COURTS
EXHIBIT P2 TRUE COPY OF THE PLAINT IN OS NO.
319/2015 DATED 23/5/2015
EXHIBIT P3 TRUE COPY OF THE JUDGMENT IN OS
NO.319/2015 OF DATED 30/11/2017 OF
MUNSIFF COURT KAYAMKULAM
EXHIBIT P4 TRUE COPY OF THE NOTICE DATED 19/11/2021
EXHIBIT P5 TRUE COPY OF THE DIARY PROCEEDINGS IN EP
NO.44/2020 OF MUNSIFF COURT KAYAMKULAM
EXHIBIT P6 TRUE COPY OF THE PETITION TO STAY THE
EXECUTION PROCEEDINGS IN E.A. NO.1/23 IN
EP NO.44/2020 DATED 3/1/2023
EXHIBIT P8 TRUE COPY OF THE PETITION TO CONDONE
DELAY IN RP NO.78/2022 I.A. NO.1/22 IN
OS NO.319/2015 DATED 19/12/2022
EXHIBIT P7 TRUE COPY OF THE ORDER E.A. NO.1/23 IN
EP NO.44/2020 DATED 13/1/2023
EXHIBIT P9 TRUE COPY OF THE PETITION TO SETASIDE
EXPARTY DECREE IN RP NO.78/2022 IN I.A.
NO.1/22 IN OS NO.319/2015 DATED
19/12/2022
