Abdul Salam vs Thottunga Parambil Moideenkutty
2024 Latest Caselaw 13166 Ker

Kerala High Court

Abdul Salam vs Thottunga Parambil Moideenkutty on 23 May, 2024

Author: V.G.Arun

Bench: V.G.Arun

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM


                                    PRESENT


                    THE HONOURABLE MR.JUSTICE V.G.ARUN


                          rd
          Thursday, the 23     day of May 2024 / 2nd Jyaishta, 1946


                             OP(C) NO. 1284 OF 2021


              OS 44/2019 OF MUNSIFF COURT, TIRUR, MALAPPURAM

PETITIONER/ DEFENDANT:

     ABDUL SALAM, AGED 60 YEARS, S/O.MADAMBATT KUNHIMUHAMMED HAJI, PO
     NIRAMARUTHUR, NIRAMARUTHUR AMSOM, DESOM, TIRUR TALUK, MALAPPURAM
     DISTRICT 676 561.

    BY ADVS. M/S JAMSHEED HAFIZ & K.K.NESNA.

RESPONDENTS/ PLAINTIFF:

  1. THOTTUNGA PARAMBIL MOIDEENKUTTY, AGED 43 YEARS, S/O.THURAYATTIL
     MUHAMMED, PO MANGALAM, MANGALA AMSOM, THALUKKA DESOM, TIRUR TALUK,
     MALAPPURAM DISTRICT 676 561.
  2. KUTTIYASSANGANANKATH PULIKKAL SHIHAB ABOOBAKER, AGED 35 YEARS,
     S/O.ABOOBAKER, PO NIRAMARUTHUR, NIRAMARUTHUR AMSOM, DESOM, TIRUR
     TALUK, MALAPPURAM DISTRICT 676 109.

    BY ADV: Sri. M. DEVESH.

     This OP (Civil) having come up for orders on 23-05-2024 upon
perusing the letter dated 22.03.2024 of the District Judge, Manjeri
forwarding the letter dated 20-03-2024 of Munsiff, Tirur and this court's
judgment dated 10-12-2021 in the OP(C), the court on the same day passed
the following.


                                                                      [PTO]
                              V.G.ARUN, J.
                   ============================
                     O.P.(C) No.1284 of 2021
                    ---------------------------
            Dated this the 23rd day of May, 2024


                                ORDER

By judgment dated 10.12.2021, the original

petition was disposed of directing the Munsiff,

Tirur to decide O.S.No.44 of 2019 within an outer

limit of nine months from the date of receipt of

the copy of the judgment. Thereafter, at the

request of the learned Munsiff, the time limit

for disposal of the suit was extended by four

months as per order dated 24.02.2023. Again, on a

similar request, the time limit was extended by a

further period of six months as a last chance.

The Munsiff has approached again with a request

for extension by another six months.

2. The letter requesting extension reveals

that the incumbent Munsiff took charge on

02.03.2024 and time is sought since the courts

are closing for summer vacation on 12.04.2024.

3. It is perturbing to note that, in spite

of the time bound direction issued by this Court

way back on 10.12.2021, no serious effort is

taken to abide by the direction. Instead,

requests for time are being submitted repeatedly.

Further, even though the extended time limit

expired on 30.12.2023, the instant request for

extension was submitted only on 20.03.2024.

The Registry may ascertain from the officer

concerned, the reason for making the belated

request for extension, in spite of the time

limit having been extended twice. As the

incumbent officer took charge only recently, the

time limit for disposal of O.S.No.44 of 2019 is

extended by a further period of three months.

Sd/-

V.G.ARUN JUDGE Scl/

23-05-2024 /True Copy/ Assistant Registrar