IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 OP(C) NO. 161 OF 2025 AS NO.60 OF 2019 OF ASSISTANT SESSIONS COURT/SUB COURT/COMMERCIAL COURT, TIRUR PETITIONERS/RESPONDENTS 1 TO 6, 8 AND 11/PLAINTIFFS 1 TO 3, 5,6,7,9, AND 12: 1 UMNAYYA AGED 77 YEARS W/O. LATE CHEMBAN MOHAMMED HAJI, RESIDING AT CHEMBAN HOUSE, PARAKKADAVU, MOONIYUR AMSOM DESOM, TIRURANGADITALUK, POST MOONIYUR,MALAPPURAM, PIN - 676311 2 SULAIKHA, AGED 64 YEARS W/O. LATE MUSTHAFA, RESIDING AT THALEKKARA HOUSE, MAPPOTTIL ROAD, POST PARAPPANANGADI, PARAPPANANGADI AMSOM DESOM, TIRURANGADI TALUK, MALAPPURAM, PIN - 676303 3 AYISHA BEEVI T.K AGED 62 YEARS W/O. SYED MOHIYADHEEN, RESIDING AT MUNAL MANZIL, POST KOLATHARA, NALLALAM AMSOM DESOM, KOZHIKODE TALUK, KOZHIKODE, PIN - 673655 4 NOORJAHAN AGED 56 YEARS W/O. ALAVI, RESIDING AT KOONANVEEDAN HOUSE, PARAKADAVU, POST MOONIYUR, MOONIYUR AMSOM DESOM, TIRURANGADI TALUK, MALAPPURAM, PIN - 676311 5 KHAIRUNNISA AGED 52 YEARS OPC 161/2025 -2- 2025:KER:28256 W/O. ABDUL SALEEM, RESIDING AT PALAKKAVALAPPIL HOUSE, POST POOKAYIL, TIRUR, TIRUR AMSOM DESOM, TIRUR TALUK, MALAPPURAM, PIN - 676107 6 PANAKKAL SAIDALAVI AGED 58 YEARS S/O CHEKKUTTY HAJI, RESIDING AT PANAKKAL HOUSE, KODINHI P.O, KOTTATHANGADI, NANNAMBRA, KODINHI AMSOM DESOM OF TIRURANGADI TALUK, MALAPPURAM, PIN - 676309 7 ANEES AGED 37 YEARS S/O SAIDALAVI, RESIDING AT PANAKKAL HOUSE, KODINHI P.O, KOTTATHANGADI, NANNAMBRA, KODINHIAMSOMDESOM OF TIRURANGADI TALUK, MALAPPURAM, PIN - 676309 8 AKTHAN PANAKKAL, (WRONGLY SHOWN AS ADNAN) AGED 16 YEARS S/O SAIDALAVI, RESIDING AT PANAKKAL HOUSE, KODINHI P.O, NANNAMBRA, KODINHI AMSOM DESOM OF TIRURANGADI TALUK, (MINOR), REPRESENTED BY FATHER AND GUARDIAN, PANAKKAL SAIDALAVI, AGED 58 YEARS, S/O CHEKKUTTY HAJI, RESIDING AT PANAKKAL HOUSE, KODINHI P.O, KOTTATHANGADI, NANNAMBRA, KODINHIAMSOMDESOM OF TIRURANGADI TALUK, MALAPPURAM, PIN - 676309 BY ADVS. V.V.SURENDRAN P.A.HARISH SANIKA.V.S. DONA PAUL SHILPA K. RESPONDENTS/1ST APPELLANT, RESPONDENTS 12, 7, 9 AND 10/DEFENDANTS 1 AND 2 AND SUPPL.PLAINTIFFS 8, 10 AND 11: 1 KUNHIMOIDDEN @ BAVA AGED 74 YEARS S/O. BEERANKUTTY, RESIDING AT JIHAD MANZIL, PALATHINKAL, POST NEDUVA, PARAPPANANGADI, NEDUVAAMSOMDESOM, MALAPPURAM, PIN - 676303 OPC 161/2025 -3- 2025:KER:28256 2 MUSTHAFA AGED 71 YEARS /O. BEERANKUTTY, RESIDING AT THALAKKARA HOUSE, PUTTATTUTHARA, POST ULLANAM, MALAPPURAM, PIN - 676303 3 DILSHANA AGED 30 YEARS D/O SAIDALAVI, RESIDING AT PANAKKAL HOUSE, KODINHI, P.O, KODINHIAMSOMDESOM, TIRURANGADI TALUK, MALAPPURAM, PIN - 676309 4 SHERIN SHAHANAS AGED 33 YEARS D/O SAIDALAVI, RESIDING AT PANAKKALHOUSE, KODINHI, P.O, KODINHIAMSOMDESOM, TIRURANGADI TALUK, MALAPPURAM, PIN - 676309 5 SHAHANA P AGED 27 YEARS D/O SAIDALAVI, RESIDING AT PANAKKAL HOUSE, KODINHI P.O, KODINHIAMSOMDESOM, TIRURANGADI TALUK, MALAPPURAM, PIN - 676309 THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OPC 161/2025 -4- 2025:KER:28256 JUDGMENT (Dated this the 27th day of March, 2025) This original petition has been filed for a direction to the Subordinate Judge's Court, Tirur, to hear and dispose of the AS No.60/2019 within a time frame. The petitioners are the respondents in AS No.60/2019. Challenging the decree and judgment passed by the Munsiff Court, Parappanangadi, in OS No.431/2014, which is a suit for partition, AS No.60/2019 was filed. 2. The counsel for the petitioners submits that the appeal is filed in the year 2019 and is ripe for hearing. As the petitioners 1 to 3, especially the 1 st petitioner, is suffering from serious ailments, he seeks a speedy disposal of AS No.60/2019. 3. A report from the Sub Court, Tirur, was called for, and a report dated 29.01.2025 is received, wherein it is stated that the case is posted to 15.03.2025 awaiting trial court records. OPC 161/2025 -5- 2025:KER:28256 Taking into consideration the facts and circumstances of the case and considering that the suit is of the year 2019, I direct the Subordinate Judge's Court, Tirur, to dispose of AS No.60/2019, within a period of three months after the summer vacation. The original petition is disposed of. Sd/- BASANT BALAJI JUDGE JS OPC 161/2025 -6- 2025:KER:28256 APPENDIX OF OP(C) 161/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE PLAINT IN O.S 431/2014 DATED 15.12.2014 ON THE FILE OF MUNSIFF COURT, PARAPPANANGADI Exhibit P2 A TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN O.P. (C) 796/2019 DATED 28.03.2019 Exhibit P3 A TRUE COPY OF THE JUDGMENT IN O.S 431 OF 2014 DATED 30.09.2019 ON THE FILE OF THE MUNSIFF COURT, PARAPPANANGADI Exhibit P4 A TRUE COPY OF THE MEMORANDUM OF APPEAL IN A.S. 60/2019 DATED 05.11.2019 ON THE FILE OF THE SUB COURT, TIRUR Exhibit P5 A TRUE COPY OF THE RELEVANT PAGES OF DISCHARGE SUMMARY OF THE 1ST PETITIONER FROM ASTER MIMS HOSPITAL, KOTTAKKAL DATED 10.10.2022