Nilamudeen vs Sajumon
2024 Latest Caselaw 13919 Ker

Kerala High Court

Nilamudeen vs Sajumon on 28 May, 2024

Author: Kauser Edappagath

Bench: Kauser Edappagath

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
        THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
   TUESDAY, THE 28TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946
                   OP(C) NO. 1118 OF 2024
         OS NO.95 OF 2023 OF MUNSIFF COURT, PUNALUR
PETITIONER/DEFENDANT:

         NILAMUDEEN
         AGED 55 YEARS
         S/O MINNAN NOORUDEEN RAWTHER (LATE),
         MARUTHIMOODU VEEDU KAITHAKKAD,
         KULATHUPUZHA P.O PUNALUR, KOLLAM, PIN - 691310
         BY ADVS.
         ENOCH DAVID SIMON JOEL
         S.SREEDEV
         RONY JOSE
         LEO LUKOSE
         KAROL MATHEWS SEBASTIAN ALENCHERRY
         DERICK MATHAI SAJI
         KARAN SCARIA ABRAHAM


RESPONDENT/PLAINTIFF:

         SAJUMON
         S/O ABDUL VAHAB THEKKUMKARA PUTHENVEEDU,
         KULATHUPUZHA, PUNALUR, KOLLAM, PIN - 691310
     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
28.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 OP(C) NO. 1118 OF 2024

                                  - : 2 :-




                           JUDGMENT

This original petition has been filed seeking expeditious

disposal of O.S.No.95 of 2023 pending on the files of Munsiff Court,

Punalur. No direction can be issued for expeditious disposal of the

suit instituted in the year 2023. It is up to the trial court to decide

whether the suit deserves to be considered out of turn or not. The

learned counsel for the petitioner submitted that the petitioner has

preferred Ext.P5 application seeking expeditious disposal of the suit

before the trial court. The trial court is directed to dispose of the same

considering the pendency in the said court and also considering the

reasons shown by the petitioner for expeditious disposal of the case.

Original Petition is dismissed with the above observation.

Sd/-

DR.KAUSER EDAPPAGATH, JUDGE AS OP(C) NO. 1118 OF 2024

- : 3 :-

APPENDIX OF OP(C) 1118/2024

PETITIONER EXHIBITS:-

EXHIBIT P1 A TRUE COPY OF THE PLAINT IN OS 95 OF 2023 ON THE FILES OF THE MUNSIFF'S COURT, PUNALUR.

EXHIBIT P2 TRUE COPY OF THE WRITTEN STATEMENT AND COUNTER CLAIM DATED 02.08.2023 FILED BY PETITIONER IN O.S. NO. 95 OF 2023 ON THE FILES OF THE MUNSIFF'S COURT, PUNALUR. EXHIBIT P3 TRUE COPY OF THE AFFIDAVIT AND PETITION DTD. 02.08.2023 FILED BY THE PETITIONER AS I.A 5 OF 2023 IN O.S. NO. 95 OF 2023 ON THE FILES OF THE MUNSIFF'S COURT, PUNALUR.

EXHIBIT P4 TRUE COPY OF THE OBJECTION SUBMITTED BY THE RESPONDENT TO I.A 5 OF 2023 IN O.S. NO. 95 OF 2023 ON THE FILES OF THE MUNSIFF'S COURT, PUNALUR.

EXHIBIT P5         TRUE COPY OF THE AFFIDAVIT AND PETITION
                   FILED    BY    THE    PETITIONER   DATED
                   01.03.2024,     REQUESTING     FOR     AN

EXPEDITIOUS DISPOSAL OF THE SUIT AS I.A 8 OF 2023 IN O.S. NO. 95 OF 2023 ON THE FILES OF THE MUNSIFF'S COURT, PUNALUR.

EXHIBIT P6 TRUE COPY OF THE PRINTOUT OF THE CASE STATUS PERTAINING TO O.S. NO. 95 OF 2023 ON THE FILES OF THE MUNSIFF'S COURT, PUNALUR.