Asharaf vs Haneefa

Type Court Judgment Court Kerala Orders Decided Mar 19, 2024

~3 min read

https://sooperkanoon.com/case/1294365

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1294365
Court: Kerala Orders High Court
Judge: Honourable Mr.Justice C. Jayachandran
Decided On: Mar 19, 2024
Case Number: OP(C)/1144/2020

Parties & Advocates

Appellant / Petitioner

Asharaf

Respondent

Haneefa

Excerpt

.....jayachandran tuesday, the 19th day of march 2024 / 29th phalguna, 1945 op(c) no. 1144 of 2020 against the order dated 19.03.2020 in cma no.15 of 2018 of assistant sessions court/principal sub court / commercial court,irinjalakuda arising out of the order/judgment dated in os no.1315 of 2017 of munsiff court, kodungallur petitioner/s: asharaf aged 51 years s/o.valiyakath muhammed, kaippamangalam village, kodungalloor taluk-680 681. by adv denizen komath respondent/s: haneefa aged 67 years s/o.mathilakath veettil kunjumuhammed, perinjanam village, kodungalloor taluk-680 686. by adv sri.g.sreekumar (chelur) this op (civil) having come up for admission on 19.03.2024, the court on the same day delivered the following:judgmentdated, this the 19th day of march 2024 learned counsel for the petitioner would submit that, this original petition is not pressed. however, he would seek a direction to dispose of the suit expeditiously. learned counsel would also submit that the suit has already been scheduled for trial. in the circumstances, this original petition will stand disposed of, as not pressed. however, there will be a direction to the learned munsiff, kodungallur to try and dispose of o.s.no.1315/2017 expeditiously, at any rate within a period of six months from the date of receipt of a copy of thisjudgment.sd/- c.jayachandran, judge ssg appendix of op(c) 1144/2020 petitioner’s exhibits exhibit p1 true copy of the lease agreement dated 09.04.2012. exhibit p2 true copy of the plaint in os no.1315 of exhibit p3 true copy of the ia no.1912/ of 2017 in os no.1315 of 2017 on the file of the exhibit p4 true copy of the commission report dated 10.10.2017 in os no.1315 of 2017 on the exhibit p5 true copy of the objection in ia no.1912 of 2017 in os no.1315 of 2017 on the exhibit p6 true copy of the ia no.1992 of 2017 in os no.1315 of 3017 on the file of the exhibit p7 true copy of objection dated 31.10.2017 in ia no.1992 of 2017 in os no.1315 of exhibit p8 true copy of the.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN TUESDAY, THE 19TH DAY OF MARCH 2024 / 29TH PHALGUNA, 1945 OP(C) NO. 1144 OF 2020 AGAINST THE ORDER DATED 19.03.2020 IN CMA NO.15 OF 2018 OF ASSISTANT SESSIONS COURT/PRINCIPAL SUB COURT / COMMERCIAL COURT,IRINJALAKUDA ARISING OUT OF THE ORDER/JUDGMENT DATED IN OS NO.1315 OF 2017 OF MUNSIFF COURT, KODUNGALLUR PETITIONER/S: ASHARAF AGED 51 YEARS S/O.VALIYAKATH MUHAMMED, KAIPPAMANGALAM VILLAGE, KODUNGALLOOR TALUK-680 681. BY ADV denizen komath RESPONDENT/S: HANEEFA AGED 67 YEARS S/O.MATHILAKATH VEETTIL KUNJUMUHAMMED, PERINJANAM VILLAGE, KODUNGALLOOR TALUK-680 686. BY ADV SRI.G.SREEKUMAR (CHELUR) THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 19.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated, this the 19th day of March 2024 Learned counsel for the petitioner would submit that, this original petition is not pressed. However, he would seek a direction to dispose of the suit expeditiously. Learned counsel would also submit that the suit has already been scheduled for trial. In the circumstances, this Original Petition will stand disposed of, as not pressed. However, there will be a direction to the learned Munsiff, Kodungallur to try and dispose of O.S.No.1315/2017 expeditiously, at any rate within a period of six months from the date of receipt of a copy of this

judgment.

Sd/- C.JAYACHANDRAN, JUDGE SSG APPENDIX OF OP(C) 1144/2020 PETITIONER’S EXHIBITS EXHIBIT P1 TRUE COPY OF THE LEASE AGREEMENT DATED 09.04.2012. EXHIBIT P2 TRUE COPY OF THE PLAINT IN OS NO.1315 OF EXHIBIT P3 TRUE COPY OF THE IA NO.1912/ OF 2017 IN OS NO.1315 OF 2017 ON THE FILE OF THE EXHIBIT P4 TRUE COPY OF THE COMMISSION REPORT DATED 10.10.2017 IN OS NO.1315 OF 2017 ON THE EXHIBIT P5 TRUE COPY OF THE OBJECTION IN IA NO.1912 OF 2017 IN OS NO.1315 OF 2017 ON THE EXHIBIT P6 TRUE COPY OF THE IA NO.1992 OF 2017 IN OS NO.1315 OF 3017 ON THE FILE OF THE EXHIBIT P7 TRUE COPY OF OBJECTION DATED 31.10.2017 IN IA NO.1992 OF 2017 IN OS NO.1315 OF EXHIBIT P8 TRUE COPY OF THE COMMON ORDER DATED

05.01.2018 IN IA NO.1912/2017 AND IA NO.1992/2017 IN OS NO.1315/2017 OF MUNSIFFS COURT, KODUNGALLUR.

EXHIBIT P9          TRUE COPY OF THE RCP NO.30 OF 2019 ON
                    THE   FILE   OF   RENT   CONTROL   COURT,
EXHIBIT P10         TRUE COPY OF THE COMMISSION REPORT IN

RCP NO.30 OF 2019 ON THE FILE OF RENT CONTROL COURT, KODUNGALLUR. EXHIBIT P11 TRUE COPY OF THE COMMON JUDGMENT DATED 19.03.2020 IN CMA NO.15 OF 2018 OF SUB COURT, IRINJALAKKUDA.

Same Court & Year Kerala Orders · 2024 Same Parties Asharaf vs Haneefa Same Judge Honourable Mr.Justice C. Jayachandran