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2025 DAILYLAW 3148 (KER)

SAKEENA v. MOHAMMEDALI

OP(C)/156/2025 · 2025-04-07

Basant Balaji

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 OPC 156/25 2025:KER:29839 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI MONDAY, THE 7TH DAY OF APRIL 2025 / 17TH CHAITHRA, 1947 OP(C) NO. 156 OF 2025 OS NO.300 OF 2022 OF MUNSIFF COURT, TIRUR PETITIONER/S: SAKEENA AGED 57 YEARS NECHIYENGAL HOUSE,W/O. SIDDIK. THANALUR VILLAGE,AREEKAD DESOM P.O.THALAKKADATHUR,TIRUR TALUK, MALAPPURAM DISTRICT, PIN - 676103 BY ADVS. K.P.SHEREEF H.NUJUMUDEEN BILAL AHAMED K.P. RESPONDENT/S: MOHAMMEDALI AGED 77 YEARS S/O. ABDURAHIMAN@AVARANKUTTY,CHEKKUMARAKKARAKATH HOUSE, MANGALAM AMSOM,PUNNAMANA DESOM, P.O. K.PURAM, NIRAMARUTHUR AMSOM DESOM ,TIRUR TALUK,MALAPPURAM., PIN - 676307 THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 07.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 OPC 156/25 2025:KER:29839 JUDGMENT (Dated this the 7th day of April 2025) This original petition has been filed seeking a direction to the Munsiff Court, Tirur, to consider and dispose of OS No.300/2022 within a time frame. 2. The petitioner herein is the defendant in OS No. 300/2022 of the Munsiff Court, Tirur. The petitioner had purchased 65.5 cents of land from the respondent by virtue of the registered Assignment Deed No. 4034/2008 of SRO Tanur. The respondent/ plaintiff's case is that he has not transferred title over any piece of his land to the petitioner by executing any title deed in his favour and it is a fabricated deed. Hence the above suit was filed on 29-10-2022, to set aside the title deed No.4034/2008 of SRO Tanur. 3 OPC 156/25 2025:KER:29839 3. A report was called for, and a report dated 03.04.2025 is received from the Munsiff Court, Tirur, wherein it is stated that the suit is filed for cancellation of instrument and consequential injunction. After the issuance of summons to the defendant, the case was posted for hearing on 23.12.2022. On that day, the case was adjourned by notification to 8.3.2023. Since there was no sitting on that day it was posted to 5.6.2023. On 05.06.2023, the defendant filed the written statement. The case was posted to 5.8.2023 for appearance of parties and on that day, for framing of issues, the case was posted to 7.10.2023 and after several postings, the case is now posted to 24.05.2025 for framing of issues. The Munsiff submitted that since he is a newly appointed officer, and also taking into consideration the upcoming summer vacation, requested six months' time after the summer vacation, to dispose of suit. 4 OPC 156/25 2025:KER:29839 Taking into consideration the facts and circumstances of the case, and considering the request of the Munsiff, I dispose of this original petition, with a direction to the Munsiff Court, Tirur, to dispose of OS No.300/2022 within a period of six months after the summer vacation. Sd/- BASANT BALAJI JUDGE dl/ 5 OPC 156/25 2025:KER:29839 APPENDIX OF OP(C) 156/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PLAINT IN ORIGINAL SUIT NO. 300 / 2022 DATED 29 / 10 /2022 Exhibit P2 TRUE COPY OF THE WRITTEN STATEMENT IN ORIGINAL SUIT NO. 300 / 2022 DATED 28 / 11 /2022 Exhibit P3 SCREENSHOT OF THE CASE HISTORY OF THE ABOVE SUIT TAKEN FROM E COURTS APP