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2025 DAILYLAW 4618 (KER)

AHAMMADUL KABEER v. MUHAMMED SHAFFI

OP(C)/722/2025 · 2025-03-27

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 THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 OP(C) NO. 722 OF 2025 OS NO.1147 OF 2019 OF MUNSIFF COURT,CHAVAKKAD PETITIONER/PLAINTIFF: AHAMMADUL KABEER AGED 54 YEARS S/O MAMMASRAYILLATH LATE ALAVI, EDAKKAZHIYUR VILLAGE AND DESOM, CHAVAKKAD TALUK, THRISSUR DISTRICT, PIN - 680515 BY ADVS. K.K.SUBEESH ROY THOMAS (MUVATTUPUZHA) SRADHA MOHAN RESPONDENTS/DEFENDANTS 1 AND 2: 1 MUHAMMED SHAFFI AGED 49 YEARS S/O MAMMASRAYILLATH LATE ALAVI, EDAKKAZHIYUR VILLAGE, CHAVAKKAD TALUK, THRISSUR DISTRICT, PIN - 680515 2 REJEENA AGED 38 YEARS W/O. MUHAMMED SHAFFI, MAMMASRAYILLATH HOUSE, EDAKKAZHIYUR VILLAGE, CHAVAKKAD TALUK, THRISSUR DISTRICT, PIN - 680515 THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OPC 722/2025 -2- 2025:KER:28245 JUDGMENT (Dated this the 27th day of March, 2025) The petitioner has approached this Court for a direction to the Munsiff Court, Chavakkad, to dispose of OS No.1147/2019 within a time frame. 2. The petitioner is the plaintiff in O.S. No. 1147/2019, and the 1 st and 2 nd respondents are the 1 st and 2 nd defendants respectively. The plaintiff filed the suit for a mandatory and a permanent prohibitory injunction. The respondents had filed a written statement rejecting all the averments in the suit. 2. A report was called for, and a report dated 21.03.2025 is received from the Munsiff Court, Chavakkad, wherein it is stated that on 22.01.2025, the case was referred for mediation, but the same was not settled. Now, the case is posted to 26.05.2025 for framing of issues. Because of the huge pendency of cases in the court, the Munsiff requested nine OPC 722/2025 -3- 2025:KER:28245 months' time after the completion of pre-trial steps for disposing of the suit. Taking into consideration the facts and circumstances of the case and considering the report of the Munsiff, I dispose of this original petition with a direction to the Munsiff Court, Chavakkad, to dispose of OS No.1147/2019 within a period of nine months after the completion of the pre-trial steps. Sd/- BASANT BALAJI JUDGE JS OPC 722/2025 -4- 2025:KER:28245 APPENDIX OF OP(C) 722/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PLAINT IN OS NO. 1147/2019 ON THE FILE OF MUNSIFF COURT, CHAVAKKAD DATED 24/09/2019 Exhibit P2 TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE RESPONDENTS IN OS NO. 1147/2019 ON THE FILE OF MUNSIFF COURT, CHAVAKKAD DATED 07/06/2023