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Muhammad Shanavas vs Mesha Muhammed Kunju
2025 Latest Caselaw 8289 Ker

Citation : 2025 Latest Caselaw 8289 Ker
Judgement Date : 25 April, 2025

Kerala High Court

Muhammad Shanavas vs Mesha Muhammed Kunju on 25 April, 2025

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

              THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR

        FRIDAY, THE 25TH DAY OF APRIL 2025 / 5TH VAISAKHA, 1947

                        OP(C) NO. 1126 OF 2025

        I.A.NO.2 OF 2022 IN O.S. NO.79 OF 2022 OF ASSISTANT SESSIONS

COURT/PRINCIPAL SUB COURT/COMMERCIAL COURT, ATTINGAL

PETITIONER(S)/PLAINTIFF:

            MUHAMMAD SHANAVAS,
            AGED 57 YEARS,
            S/O.MUHAMMAD SALI RAHIM, MANZIL,
            AYROOR P.O, THIRUVANANTHAPURAM, PIN - 695310


            BY ADV
            SRI.S.NIKHIL SANKAR


RESPONDENT(S)/DEFENDANTS:

    1       MESHA MUHAMMED KUNJU,
            S/O.MUHAMMED KUNJU, MOOLAYIL VEEDU, AYROOR.P.O,
            THIRUVANANTHAPURAM, PIN - 695310

    2       STATE OF KERALA,
            REPRESENTED BY DISTRICT COLLECTOR,
            THIRUVANANTHAPURAM,KUDAPANAKUNNU.P.O,
            THIRUVANANTHAPURAM, PIN - 695043

    3       DIRECTOR OF LAND RECORDS,
            LAND RECORDS OFFICE, VAZHUTHACAUD.P.O,
            THIRUVANANTHAPURAM, PIN - 695014

    4       THE TAHASILDAR,
            VARKALA TALUK OFFICE, THIRUVANANTHAPURAM, PIN - 695141

    5       VILLAGE OFFICER
            VILLAGE OFFICE, VARKALA TALUK,
            THIRUVANANTHAPURAM, PIN - 695141
 OP(C) NO. 1126 OF 2025           -2-

                                                     2025:KER:33072


BY ADV.:

           SRI. RAJEEV .M., GP


     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
25.04.2025,   THE   COURT   ON    THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 OP(C) NO. 1126 OF 2025        -3-

                                              2025:KER:33072


                           JUDGMENT

This original petition has been preferred by the

petitioner for early disposal of I.A.No.2 of 2022 in

O.S.No.79 of 2022 of the Sub Court, Attingal(Vacation

Court).

2. Notice to respondent Nos.1 to 5 are

dispensed with, considering the nature of the relief

sought in this original petition.

3. The grievance of the petitioner is that he

has filed O.S.No.79 of 2022 before the Sub Court,

Attingal. He has also filed an application I.A.No.2 of

2022, before that Court seeking some urgent and

immediate relief. But, according to the learned counsel

for petitioner, the said application was not considered by

the learned Sub Judge so far. Therefore, the petitioner

seeks relief in the form of time-bound disposal of the

interim application.

4. Upon hearing the submissions of the

2025:KER:33072

learned counsel for the petitioner, I am of the view that

this original petition can be disposed of with the

following directions:

(1) The learned Sub Judge shall consider I.A.No.2

of 2022 in O.S.No.79 of 2022 as expeditiously

as possible, preferably within a period of three

months from the date of receipt of a copy of

this judgment.

(2) Till then, the parties are directed to maintain

status quo.

Sd/-

K. V. JAYAKUMAR JUDGE

VV

2025:KER:33072

APPENDIX OF OP(C) 1126/2025

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE PLAINT IN O.S NO:79/2022 ON THE FILE OF THE HONOURABLE SUB COURT, ATTINGAL

EXHIBIT P2 TRUE COPY OF THE WRITTEN STATEMENT ALONG WITH COUNTER CLAIM FILED BY THE 1ST DEFENDANT IN O.S NO:79/2022 ON THE FILE OF THE HONOURABLE SUB COURT, ATTINGAL

EXHIBIT P3 TRUE COPY OF I.A NO:1/2022 IN O.S NO:79/2022 ON THE FILE OF THE HONOURABLE SUB COURT, ATTINGAL

EXHIBIT P4 TRUE COPY OF I.A NO:2/2022 IN O.S NO:79/2022 ON THE FILE OF THE HONOURABLE SUB COURT, ATTINGAL

EXHIBIT P5 TRUE COPY OF I.A NO:3/2024 IN O.S NO:79/2022 ON THE FILE OF THE HONOURABLE SUB COURT, ATTINGAL

EXHIBIT P6 TRUE COPY OF I.A NO:4/2024 IN O.S NO:79/2022 ON THE FILE OF THE HONOURABLE SUB COURT, ATTINGAL

EXHIBIT P7 TRUE COPY OF I.A NO: 5/2024 IN O.S NO:79/2022 ON THE FILE OF THE HONOURABLE SUB COURT, ATTINGAL

EXHIBIT P8 TRUE COPY OF I.A NO: 6/2024 IN O.S NO:79/2022 ON THE FILE OF THE HONOURABLE SUB COURT, ATTINGAL

EXHIBIT P9 TRUE COPY OF I.A NO:7/2024 IN O.S NO:79/2022 ON THE FILE OF THE HONOURABLE SUB COURT, ATTINGAL

2025:KER:33072

EXHIBIT P10 TRUE COPY OF I.A NO:8/2025 IN O.S NO:79/2022 ON THE FILE OF THE HONOURABLE SUB COURT, ATTINGAL

EXHIBIT P11 TRUE COPY OF I.A NO:9/2025 IN O.S NO:79/2022 ON THE FILE OF THE HONOURABLE SUB COURT, ATTINGAL

EXHIBIT P12 TRUE COPY OF I.A NO:10/2025 IN O.S NO:79/2022 ON THE FILE OF THE HONOURABLE SUB COURT, ATTINGAL

EXHIBIT P13 TRUE COPY OF THE PHOTOGRAPHS PRODUCED BY THE PETITIONER

 
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