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2025 DAILYLAW 4314 (KER)

ABDUL VAHAB v. SAFIA BEEVI

OP(C)/657/2025 · 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. 657 OF 2025 OS NO.217 OF 2017 OF MUNSIFF COURT, KARUNAGAPPALLY PETITIONER/FIRST DEFENDANT: ABDUL VAHAB AGED 70 YEARS S/O MYTHEEN KUNJU, KUNNUMKADA VEETIL, ADHINAD, THEKKUM MURI, 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. RESPONDENT/PLAINTIFF AND SECOND DEFENDANT: 1 SAFIA BEEVI AGED 72 YEARS W/O. KUREEPUZHA CHERIYIL DEEPTHIYIL SHOUKATHALI, KUNNUMKADA VEETIL, ADHINAD THEKKUM MURI, ADHINAD VILLAGE, KARUNAGAPPALLY TALUK, KOLLAM DISTRICT, PIN - 690542 2 JAMEELA BEEVI AGED 75 YEARS W/O RAWUTHAR, KUNNUMKADA VEETIL, ADHINAD THEKKUM MURI, ADHINAD VILLAGE, KARUNAGAPPALLY 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 657/2025 -2- 2025:KER:25964 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.217/2017 within a time frame. The suit is one for permanent prohibitory injunction. 2. The petitioner is the 1 st defendant in O.S.No.217/2017 on the file of the Munsiff Court, Karunagappally. The 1 st respondent is the plaintiff, and the 2 nd respondent is the 2 nd defendant in the suit. Petitioner is aggrieved by the delay in disposing of the suit despite the written statement along with the counter-claim which was filed as early as in 2019. 3. A report was called for, and a report dated 15.03.2025 is received, wherein it is stated that on receipt of summons, the defendants 1 and 2 appeared and defendants filed written statement along with counter-claim and issues OPC 657/2025 -3- 2025:KER:25964 were framed. The plaintiff in this case has filed a joint trial petition as IA. No.02/2023 for the joint trial of this case along with OS No.410/2017 and OS No.147/2022 and on 16.08.2023, the above mentioned joint trial petition was allowed considering OS No.217/2017 as the leading case. OS No.217/2017 is posted on 26.03.2025 for pre-trial steps. 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.217/2017, within a period of six months after completion of pre-trial steps. Sd/- BASANT BALAJI JUDGE JS OPC 657/2025 -4- 2025:KER:25964 APPENDIX OF OP(C) 657/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE EXTRACT OF THE PLAINT IN O.S.NO.217/2017 ON THE FILE OF THE HONOURABLE MUNSIFF COURT, KARUNAGAPPALLY Exhibit P2 TRUE COPY OF THE WRITTEN STATEMENT IN O.S. NO. 217/2017 ON THE FILE OF THE HONOURABLE MUNSIFF COURT, KARUNAGAPPALLY