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Asharaf vs Haneefa

Asharaf vs Haneefa

Type Court Judgment Court Kerala Decided Jun 12, 2023
~2 min read
https://sooperkanoon.com/case/1366053

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
OP(C)/1184/2023

Parties & Advocates

Appellant / Petitioner

Asharaf

Respondent

Haneefa

Excerpt

in the high court of kerala at ernakulampresent the honourable mr. justice p.somarajan monday, the 12th day of june 2023 / 22nd jyaishta, 1945 op(c) no. 1184 of 2023 against the order/judgment in os 1411/2017 of munsiff court, kodungalloor petitioner/plaintiff: asharaf aged 61 years son of mohammed, valiyakath house, kaipamangalam village and desom, by adv denizen komath respondent/defendant: haneefa aged 66 years son of kunjumohammed, mathilakath house, kaipamangalam village and desom, this op (civil) having come up for admission on 12.06.2023, the court on the same day delivered the following: op(c) no. 1184 of 2023 2judgmentthe petitioner came up under article 227 seeking an early disposal of the suit of the year 2017 pending before the trial court. it is fairly submitted by the learned counsel for the petitioner that steps already completed except the pre-trial steps and now the suit is ripe for trial. hence, there will be a direction to the trial court to expedite the disposal of the suit, within a time schedule of four months. since the petition is for an early disposal, notice to the respondent is dispensed with. this o.p(c) will stand allowed accordingly. sd/- p.somarajan judge lek op(c) no. 1184 of 2023 3 appendix of op(c) 1184/2023 petitioner exhibits exhibit-p1 true photocopy of the plaint in o.s. no. kodungalloordated 27.10.2017 exhibit-p2 true photocopy of the written statement filed by the defendant in o.s. no. kodungalloordated 19.02.2018 exhibit-p3 true photocopy of case history in o.s. no. 1411/2017 on the file of munsiff court, kodungalloor dated 27.05.2023 exhibit-p4 true photocopy of the interim order in opc no.1144/2020 dated 01.09.2021 on the file of this hon'ble court

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE P.SOMARAJAN MONDAY, THE 12TH DAY OF JUNE 2023 / 22ND JYAISHTA, 1945 OP(C) NO. 1184 OF 2023 AGAINST THE ORDER/JUDGMENT IN OS 1411/2017 OF MUNSIFF COURT, KODUNGALLOOR PETITIONER/PLAINTIFF: ASHARAF AGED 61 YEARS SON OF MOHAMMED, VALIYAKATH HOUSE, KAIPAMANGALAM VILLAGE AND DESOM, BY ADV DENIZEN KOMATH RESPONDENT/DEFENDANT: HANEEFA AGED 66 YEARS SON OF KUNJUMOHAMMED, MATHILAKATH HOUSE, KAIPAMANGALAM VILLAGE AND DESOM, THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 12.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C) NO. 1184 OF 2023 2

JUDGMENT

The petitioner came up under Article 227 seeking an early disposal of the suit of the year 2017 pending before the trial court. It is fairly submitted by the learned Counsel for the petitioner that steps already completed except the pre-trial steps and now the suit is ripe for trial. Hence, there will be a direction to the trial court to expedite the disposal of the suit, within a time schedule of four months. Since the petition is for an early disposal, notice to the respondent is dispensed with. This O.P(C) will stand allowed accordingly. Sd/- P.SOMARAJAN JUDGE LEK OP(C) NO. 1184 OF 2023 3 APPENDIX OF OP(C) 1184/2023 PETITIONER EXHIBITS Exhibit-P1 TRUE PHOTOCOPY OF THE PLAINT IN O.S. NO. KODUNGALLOORDATED 27.10.2017 Exhibit-P2 TRUE PHOTOCOPY OF THE WRITTEN STATEMENT FILED BY THE DEFENDANT IN O.S. NO. KODUNGALLOORDATED 19.02.2018 Exhibit-P3 TRUE PHOTOCOPY OF CASE HISTORY IN O.S. NO. 1411/2017 ON THE FILE OF MUNSIFF COURT, KODUNGALLOOR DATED 27.05.2023 Exhibit-P4 TRUE PHOTOCOPY OF THE INTERIM ORDER IN OPC NO.1144/2020 DATED 01.09.2021 ON THE FILE OF THIS HON'BLE COURT

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