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2025 DAILYLAW 4279 (KER)

JUMAILETH v. SAFIA BEEVI

OP(C)/645/2025 · 2025-03-21

Basant Balaji

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI FRIDAY, THE 21ST DAY OF MARCH 2025 / 30TH PHALGUNA, 1946 OP(C) NO. 645 OF 2025 OS NO.410 OF 2017 OF MUNSIFF COURT, KARUNAGAPPALLY PETITIONER/PLAINTIFF: JUMAILETH AGED 65 YEARS W/O ABDUL VAHAB, KUNNUMKADA VEETIL, KATTILKADAVU (PO) ADHINAD SOUTH MURI, ADHINAD VILLAGE, KARUNAGAPALLY TALUK, KOLLAM DISTRICT, PIN - 690542 BY ADVS. R.REJI M.V.THAMBAN THARA THAMBAN B.BIPIN ARUN BOSE JEENA A.V. THOMAS THOMAS ARJUN R. RAGESH R. RESPONDENTS/DEFENDENTS: 1 SAFIA BEEVI AGED 72 YEARS W/O SHOWKATH ALI, KUREEPUZHA CHERIYIL DEEPTHIYIL, THRIKADAVOOR VILLAGE, KOLLAM DISTRICT, PIN- FROM KUNNUMKADA VEETIL, KATTILKADAVU (PO) ADHINAD VILLAGE, KARUNAGAPALLY TALUK, KOLLAM DISTRICT, PIN - 690542 2 BASHEERKUTTY AGED 71 YEARS S/O MYTHEEN KUNJU, KUNNUMKADA VEETIL, KATTILKADAVU (PO) ADHINAD SOUTH MU RI, ADHINAD VILLAGE, KARUNAGAPALLY OPC 645/2025 -2- 2025:KER:26016 TALUK, KOLLAM DISTRICT, PIN - 690542 3 ABDUL VAHAB, AGED 70 YEARS S/O MYTHEEN KUNJU, P.O BOX NO. 125, RIYAD, KINGDOM OF SAUDI ARABIA, FROM KUNNUMKADA VEETIL, KATTILKADAVU (PO) ADHINAD SOUTH MURI, ADHINAD VILLAGE, KARUNAGAPALLY TALUK, KOLLAM DISTRICT, PIN - 690542 THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 21.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OPC 645/2025 -3- 2025:KER:26016 JUDGMENT (Dated this the 21 st day of March, 2025) The original petition is filed for a direction to the Munsiff Court, Karunagappally, to dispose of OS No.410/2017 within a time frame. The suit is one for permanent prohibitory injunction. 2. The petitioner is the plaintiff in O.S.No. 410/2017 on the file of the Munsiff Court, Karunagappally, and the respondents 1 to 3 are defendants 1 to 3 respectively, in the said suit. The petitioner is aggrieved by the delay in disposing of the suit. 3. A report was called for, and a report dated 20.03.2025 is received, wherein it is stated that on receipt of summons, defendants appeared, and the first defendant filed written statement. Subsequently, the 2 nd defendant filed IA No.07/2024 challenging the maintainability of the suit. Further on 12.03.2025, the counsel for the plaintiff prays for time for OPC 645/2025 -4- 2025:KER:26016 filing impleading petition and amendment petition. Now the case is posted along with connected cases to 26.03.2025 for filing impleading petition and amendment petition and also for hearing in I.A. No.07/2024. The Munsiff requested six months' time for disposal of the case after the completion of pre-trial steps. Taking note of the facts and circumstances of the case and the report of the Munsiff, I dispose of this original petition, directing the Munsiff Court, Karunagappally, to dispose of OS No.410/2017, within a period of six months after completion of pre-trial steps. Sd/- BASANT BALAJI JUDGE JS OPC 645/2025 -5- 2025:KER:26016 APPENDIX OF OP(C) 645/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PLAINT IN O.S.NO. 410/2017 ON THE FILE OF THE HONOURABLE MUNSIFF COURT, KARUNAGAPPALLY DATED 27/10/2017 Exhibit P2 TRUE COPY OF THE WRITTEN STATEMENT IN O.S.NO. 410/2017 ON THE FILE OF THE HONOURABLE MUNSIFF COURT, KARUNAGAPPALLY DATED 5/7/2018.