Mymoona vs Shamsumol

Type Court Judgment Court Kerala Decided Sep 02, 2022

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Citation: sooperkanoon.com/1440570
Court: Kerala High Court
Judge: Honourable Mr.Justice C.S.Dias
Decided On: Sep 02, 2022
Case Number: OP(C)/111/2021

Parties & Advocates

Appellant / Petitioner

Mymoona

Respondent

Shamsumol

Excerpt

.....of o.s.no.71/2017 within a time frame.2. pursuant to the order dated 12.01.2021 passedby this court, the learned subordinate judge, tirur, by communication dated 20.01.2021, has informed this court that the defendants had appeared in the suit and filed their written statement. in the meantime, the 3 rd defendant died. the court below would make every endeavour to dispose of the suit as directed by this court.3. heard; sri.j.r.prem navas, the learned counsel appearing for the petitioner and smt. v.h. jasmine, the learned counsel appearing for the respondents 1 and 2. in view of the limited relief that i propose to pass, i dispense with notice to the other respondents. in the light of the pleadings and the materials onrecord and after perusing the communication of the learned subordinate judge and in exercise of the powers of this court under article 227 of the constitution of india, i direct the court of the subordinate judge, tirur to consider and dispose of o.s.no.71/2017 in accordance with law, as expeditiously as possible, at any rate within a period of six months after the completion of pre-trial steps. the original petition is ordered accordingly. sd/- c.s.dias, judge rkc/02.09.2022 appendix of op(c) 111/2021 petitioner exhibits exhibit p1 the true copy of the plaint in o.s.no.71 of 2017 pending before the court of sub- ordinate judge, tirur, malappuram district.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS FRIDAY, THE 2ND DAY OF SEPTEMBER 2022 / 11TH BHADRA, 1944 AGAINST THE ORDER/JUDGMENT IN OS 71/2017 OF SUB COURT, TIRUR PETITIONER/S: MYMOONA AGED 61 YEARS W/O. KOYA, RESIDING AT POOLAKODAN HOUSE, MALAPPURAM DISTRICT, PIN-676 301. BY ADVS. J.R.PREM NAVAZ SHRI.SUMEEN S. RESPONDENT/S: 1 SHAMSUMOL AGED 54 YEARS 2 KUNHIMUHAMMED AGED 51 YEARS S/O. MOIDEEN KUTTY, RESIDING AT CHOLAYIL PARAMBIL, 3 MAKKIYA UMMA AGED 60 YEARS 4 SARAMMA UMMA
AGED 64 YEARS 5 KOYA AGED 64 YEARS S/O. MOIDEEN KUTTY, RESIDING AT CHOLAYIL PARAMBIL, 6 SHAJITHA AGED 60 YEARS D/O. HAMSA, RESIDING AT POOLAKODAN HOUSE, 7 SUHARA, AGED 40 YEARS 8 FAUSIA, AGED 41 YEARS 9 NUSAIBA, AGED 32 YEARS BY ADVS. V.H.JASMINE ASHEEK ANTONY THAHSEEM.A THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 02.09.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The original petition is filed, interalia, to direct the Court of the Subordinate Judge, Tirur to consider and dispose of O.S.No.71/2017 within a time frame.

2. Pursuant to the order dated 12.01.2021 passed

by this Court, the learned Subordinate Judge, Tirur, by communication dated 20.01.2021, has informed this Court that the defendants had appeared in the suit and filed their written statement. In the meantime, the 3 rd defendant died. The court below would make every endeavour to dispose of the suit as directed by this Court.

3. Heard; Sri.J.R.Prem Navas, the learned counsel appearing for the petitioner and Smt. V.H. Jasmine, the learned counsel appearing for the respondents 1 and 2. In view of the limited relief that I propose to pass, I dispense with notice to the other respondents. In the light of the pleadings and the materials on

record and after perusing the communication of the learned Subordinate Judge and in exercise of the powers of this Court under Article 227 of the Constitution of India, I direct the Court of the Subordinate Judge, Tirur to consider and dispose of O.S.No.71/2017 in accordance with law, as expeditiously as possible, at any rate within a period of six months after the completion of pre-trial steps. The original petition is ordered accordingly. Sd/- C.S.DIAS, JUDGE rkc/02.09.2022 APPENDIX OF OP(C) 111/2021 PETITIONER EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE PLAINT IN O.S.NO.71 OF 2017 PENDING BEFORE THE COURT OF SUB- ORDINATE JUDGE, TIRUR, MALAPPURAM DISTRICT.

Same Court & Year Kerala · 2022 Same Parties Mymoona vs Shamsumol Same Judge Honourable Mr.Justice C.S.Dias