The High Court of Kerala disposed of a civil original petition by remitting two pending applications for the final decree holder to decide within two months and directing a separate consideration of a demarcation application.
Ordered trial court to dispose of final decree applications within two months; separate consideration of demarcation application.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE N.K.BALAKRISHNAN
FRIDAY, THE 24TH DAY OF JANUARY 2014/4TH MAGHA, 1935
OP(C).No. 187 of 2014 (O)
AGAINST THE JUDGMENT IN OS 9/1989 of I ADDL.SUB COURT, KOZHIKODE
PETITIONER(S):
1. A.T. MAMMED KOYA,S/O.K.P. KASIM HAJI, KACHERI AMSOM DESOM, KOZHIKODE TALUK, KOZHIKODE DISTRICT.
2. A.T. ALI KOYA, S/O.K.P. KASIM HAJI, KACHERI AMSOM DESOM, KOZHIKODE TALUK, KOZHIKODE DISTRICT.
BY ADVS.SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA SMT.D.S.THUSHARA SRI.H.PRAVEEN KOTTARAKARA
RESPONDENT:
A.T.UMMAR KOYA, SUPERVILLA, JAYANTHI NAGAR HOUSING COLONY, KOZHIKODE – 673 009.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 24-01-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C).No. 187 of 2014 (O)
APPENDIX
PETITIONER'S EXHIBITS
EXHIBIT P1 : COPY OF THE ORDER DATED 13.3.1996 IN I.A. 6557/1992 IN O.S. 9/1989 EXHIBIT P2 : COPY OF THE ORDER IN I.A. 3187/1996 IN O.S. 9/1989 EXHIBIT P3 : TRUE COPY OF THE COMMON JUDGMENT DATED 2.7.2009 IN A.S.555/1996 AND CMA 116/1996 EXHIBIT P4 : COPY OF THE JUDGMENT IN OP(C) 815/2011 DATED 1.3.2011 EXHIBIT P5 : COPY OF THE REPORT DATED 23.8.2011 EXHIBIT P6 : COPY OF THE I.A. 5387/2011 IN I.A. 6567/2013 IN OS 9/89 EXHIBIT P7 : COPY OF THE I.A. 6143/2011 IN I.A. 6557/92 IN OS 9/89 EXHIBIT P8 : COPY OF THE I.A. 6557/92 IN O.S. 9/89 SEEKING DEMARCATION OF B SCHEDULE.
RESPNDENT'S EXHIBITS
NIL
//TRUE COPY//
P.A. TO JUDGE
JJJ
N.K. BALAKRISHNAN, J.
O.P.(C) No. 187 of 2014
Dated this the 24th day of January, 2014
J U D G M E N T
Exhibits P6 and P7 applications are pending in
the final decree application before the trial court. One application is to remit the commissioner's report and another application is with respect to the amount obtained from the Land Acquisition Authority for the land acquired, which is also the subject matter of the suit. Heard the learned counsel.
This Original Petition is disposed of as follows:
Considering the fact that the final decree application
is of the year 1992, the learned Sub Judge will dispose of Exts.P6 and P7 applications at the earliest, at any rate within two months from the date of production of the copy of the judgment.
Ext.P8 application will be considered by the learned Sub Judge separately.
Sd/N.K. BALAKRISHNAN, JUDGE
//True Copy// P.A. to Judge
jjj
2 issues framed by the court
Whether to direct the trial court to dispose of pending applications concerning a final decree at the earliest.
Whether to direct the subordinate judge to decide a separate application regarding land demarcation.
A.T. Mammed Koya and A.T. Ali Koya
A.T. Ummar Koya
N.K. Balakrishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
