Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH THURSDAY, THE 20TH DAY OF DECEMBER 2012 29TH AGRAHAYANA 193 OP(C).No. 4472 of 2012 (O) -------------------------- OS.263/1981 of MUNSIFF COURT, PALA PETITIONER(S): ------------- HYDERALI, AGED 6 YEARS, S/O. MAMMATHAN, RESIDING AT NILAVANCHERIL HOUSE, PADINJAREKKARA P.O., NEDUVILE VILLAGE, VAIKOM TALUK, KOTTAYAM. BY ADV. SMT.LISY T.SKARIA RESPONDENT(S): -------------- 1. ALI RAJAN, AGED --- YEARS, S/O. KUNJUMOHAMMED, RESIDING AT EENAMTHURUTHEL HOUSE, IRUMPOOZHIKKARA, VADAKKEMURI VILLAGE, VAIKOM TALUK, KOTTAYAM (NOT ALIVE).
2. ABDUL AZEEZ, AGED ABOUT 6 YEARS, S/O.KUNJUMOHAMMED, RESIDING AT EENAMTHURUTHEL HOUSE, IRUMPOOZHIKKARA, VADAKKEMURI VILLAGE, VAIKOM TALUK, KOTTAYAM.
3. SUHARA BEEVI, AGED ABOUT 6 YEARS, D/O. KUNJAMOHAMMED, RESIDING AT EENAMTHURUTHEL HOUSE, IRUMPOOZHIKKARA, VADAKKEMURI VILLAGE, VAIKOM TALUK, KOTTAYAM. OP(C).No. 4472 of 2012 (O) 4. KUNJUMOHAMMED KUNJUMOHAMMED, AGED ABOUT 6 YEARS, S/O. KUNJUMOHAMMED, RESIDING AT EENAMTHURUTHEL HOUSE, IRUMPOOZHIKKARA, VADAKKEMURI VILLAGE, VAIKOM TALUK, KOTTAYAM.
5. HAJIRABEEVI, AGED ABOUT 6 YEARS, W/O. NOT KNOWN, RESIDING AT EENAMTHURUTHEL HOUSE, IRUMPOOZHIKKARA, VADAKKEMURI VILLAGE, VAIKOM TALUK, KOTTAYAM.
6. AYISHA ALIAS SHAMSATH, AGED ABOUT 4 YEARS, D/O. ALI, RESIDING AT EENAMTHURUTHEL HOUSE, IRUMPOOZHIKKARA, VADAKKEMURI VILLAGE, VAIKOM TALUK, KOTTAYAM.
7. AKBAR, AGED ABOUT 3 YEARS, S/O. ALI, RESIDING AT EENAMTHURUTHEL HOUSE, IRUMPOOZHIKKARA, VADAKKEMURI VILLAGE, VAIKOM TALUK, KOTTAYAM.
8. ARIFA, AGED ABOUT 3 YEARS, D/O. ALI, RESIDING AT EENAMTHURUTHEL HOUSE, IRUMPOOZHIKKARA, VADAKKEMURI VILLAGE, VAIKOM TALUK, KOTTAYAM.
9. FATHIMA BEEVI, AGED ABOUT 7 YEARS, W/O. LATE ABDUL AZEEZ, RESIDING AT PUTHUVEETTIL, EENAMTHURUTHEL HOUSE, IRUMPOOZHIKKARA, VADAKKEMURI VILLAGE, VAIKOM TALUK, KOTTAYAM.
10. ABDUL KHADER, AGED ABOUT 5 YEARS, S/O. ABDUL AZEEZ, RESIDING AT PUTHUVEETTIL, EENAMTHURUTHEL HOUSE, IRUMPOOZHIKKARA, VADAKKEMURI VILLAGE, VAIKOM TALUK, KOTTAYAM. OP(C).No. 4472 of 2012 (O) 11. ABOOBAKKAR, AGED ABOUT 4 YEARS, S/O. ABDUL AZEEZ, RESIDING AT PUTHUVEETTIL, EENAMTHURUTHEL HOUSE, IRUMPOOZHIKKARA, VADAKKEMURI VILLAGE, VAIKOM TALUK, KOTTAYAM.
12. SAJITHA BEEVI, AGED ABOUT 4 YEARS, D/O. ABDUL AZEEZ, RESIDING AT PUTHUVEETTIL, EENAMTHURUTHEL HOUSE, IRUMPOOZHIKKARA, VADAKKEMURI VILLAGE, VAIKOM TALUK, KOTTAYAM.
13. KUNJU MUHAMMED, AGED ABOUT 3 YEARS, S/O. ABDUL AZEEZ, RESIDING AT PUTHUVEETTIL, EENAMTHURUTHEL HOUSE, IRUMPOOZHIKKARA, VADAKKEMURI VILLAGE, VAIKOM TALUK, KOTTAYAM.
14. KUNJUMOL, AGED ABOUT 3 YEARS, D/O. ABDUL AZEEZ, RESIDING AT PUTHUVEETTIL, EENAMTHURUTHEL HOUSE, IRUMPOOZHIKKARA, VADAKKEMURI VILLAGE, VAIKOM TALUK, KOTTAYAM.
15. ZEENATH, AGED ABOUT 3 YEARS, D/O. ABDUL AZEEZ, RESIDING AT PUTHUVEETTIL, EENAMTHURUTHEL HOUSE, IRUMPOOZHIKKARA, VADAKKEMURI VILLAGE, VAIKOM TALUK, KOTTAYAM. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 20-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: DSV/- OP(C).No. 4472 of 2012 (O) APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE PRELIMINARY DECREE PASSED IN O.S.NO.263/1981 OF MUNSIFF COURT PALA DATED 28 06.1999. P2 COPY OF THE FINAL DECREE APPLICATION I.A.NO.166/2000 SUBMITTED BEFORE THE MUNSIFF COURT, PALA. P3 COPY OF THE COMMISSION REPORT DATED 18 05.2010 IN O.S.NO.263/1981 OF MUNSIFF COURT, PALA. P4 COPY OF THE I.A.NO.924/2010 IN O.S.NO.263/1981 OF MUNSIFF COURT, PALA. RESPONDENTS' EXHIBITS: NIL // TRUE COPY // P.A. TO JUDGE DSV/- THOMAS P. JOSEPH, J.
===================== Original Petition (civil)) No. 4472 of 2012 ============================== Dated this the 20th day of December, 2012 JUDGMENT The petitioner is the plaintiff in O.S. No. 263 of 1981 of the Munsiff's Court, Pala, a suit for redemption of mortgage and recovery of possession. A preliminary decree was passed in the case. The petitioner has filed I.A No. 166 of 2000 for passing final decree. Grievance of the petitioner is that in spite of the Advocate Commissioner submitting reports, the final decree has not so far been passed.
2. The learned counsel submits that the suit is of the year, 1989, the application for passing final decree was preferred in the year, 2000 still the final decree has not been passed. It is submitted that petitioner is aged about 67 years and he wants an early decision in the matter.
3. From the submission of the learned counsel it is revealed that the post of Munsiff, Pala is remaining vacant and that charge of the Munsiff, Pala is given to another officer. In such a situation, I am not inclined to direct the officer holding O.P(C). No.4472 of 2012 -:
2. :- the charge to dispose of the final decree application since it may require considerable time and officer concerned may have to dispose of the cases pending in his own court.
4. However, grievance of the petitioner has to be looked into. Hence it is made clear that after the Munsiff, Pala assumes charge, the petitioner can make a request to that officer to expedite the proceedings for passing final decree in O.S. No. 263 of 1981 and in case such a request is made, the Munsiff, Pala shall expedite the proceeding for passing final decree in the case. With the above direction, this original petition is disposed of. Sd/- THOMAS P.JOSEPH, JUDGE //True copy// P.A. To Judge smv