Allowed

Payyanattukodassery Mohammed v. Kottuvala Subaida

Kerala HC1 Nov 2019OP(C)/1815/2017

Case brief

AI extract

What is this about?

The High Court held that the underlying suit was ripe for trial. It directed the Munsiff Court to dispose of the suit expeditiously within eight months and kept two exhibits in abeyance until final disposal. The original petition stands disposed.

What did the court decide?

Directed the lower court to dispose of the suit within eight months; interim stay orders kept in abeyance.

Payyanattukodassery Mohammed Vs Kottuvala Subaida — Execution and Attachment | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR

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FRIDAY, THE 01ST DAY OF NOVEMBER 2019 / 10TH KARTHIKA, 1941

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OP(C).No.1815 OF 2017(O)

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AGAINST THE ORDER/JUDGMENT IN CMA 16/2015 DATED 12-04-2017 OF SUB COURT, TIRUR

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IA 1609/2014 IN OS 278/2014 DATED 16-03-2015 OF MUNSIFF COURT ,PARAPPANANGADI

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PETITIONER/S:

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PAYYANATTUKODASSERY MOHAMMED

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S/O.MAMMAD, AGED 70 YRS, NANNAMBRA AMSOM DESOM, P.O.THEYYALA, TIRURANGADI TALUK, MALAPPURAM DISTRICT.

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BY ADV. SRI.C.M.MOHAMMED IQUABAL

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RESPONDENT/S:

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1 KOTTUVALA SUBAIDA,AGED 23 YRS, W/O.CHUKKAM JINSHAD ALI, PARAPPANANGADI AMSOM DESOM, TIRURANGADI TALUK, MALAPPURAM DISTRICT, PIN-676 303.

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2 KOTTUVALA SUHAILA,AGED 20 YRS, W/O.VALIYAMPARAMBIL JAISAL, TRIKKULAM AMSOM DESOM, TIRURANGADI TALUK, MALAPPURAM DISTRICT, PIN-676 303.

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3 THOLAMANNIL MAIMOONATH,AGED 43 YRS, W/O.KOTTUVALA ABDUL KADHER, NANNAMRA AMSOM DESOM, TIRURANGADI TALUK, MALAPPURAM DISTRICT, PIN-676 320.

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R1 BY ADV. SRI.K.P.SUDHEER

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R1, R3 BY ADV. SRI.ARUN MATHEW VADAKKAN

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THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 01.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Case No. OP(C) 1815/17

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-2-

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JUDGMENT

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The suit is of the year 2014. It has been submitted that the suit will be ripe for trial, once the interim stay is vacated. Since the suit is ripe for trial, the Munsiffs Court, Parappangadi is directed to dispose of O.S. No.278 of 2014 on the files of that court, in accordance with law, as expeditiously as possible and at any rate within a period of eight months from the date of receipt/production of a copy of this judgment.

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Till the disposal of the suit, Ext.Nos.P6 and P7 shall be kept in abeyance.

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This Original Petition stands disposed of as above.

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B. SUDHEENDRA KUMAR, JUDGE .

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dl/

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Case No. OP(C) 1815/17

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-3-

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 THE TRUE COPY OF THE PLAINT IN O.S.NO.278/2014 OF THE MUNSIFF COURT PARAPPANANGADI DATED 22.7.2014

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EXHIBIT P2 THE TRUE COPY OF THE AFFIDAVIT IN SUPPORT OF I.A.1609/2014 IN O.S.NO.278/2014 OF THE MUNSIFF COURT, PARAPPANANGADI DATED 22.7.2014

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EXHIBIT P3 THE TRUE COPY OF THE COUNTER IN I.A.1609/2014 IN O.S.NO.278/2014 OF THE MUNSIFF COURT, PARAPPANANGADI DATED 27.8.2014

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EXHIBIT P4 THE TRUE COPY OF THE REPORT AND SKETCH SUBMITTED BY THE ADVOCATE COMMISSIONER IN OS NO.278/2014 OF THE MUNSIFF COURT, PARAPPANANGADI DATED 29.7.2014

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EXHIBIT P5 THE TRUE COPY OF THE REPORT AND SKETCH SUBMITTED BY THE ADVOCATE COMMISSIONER IN OS NO.278/2014 OF THE MUNSIFF COURT, PARAPPANANGADI DATED 30.1.2017

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EXHIBIT P6 THE TRUE COPY OF THE ORDER IN I.A.1609/2014 IN OS NO.278/2014 OF THE MUNSIFF COURT, PARAPPANANGADI DATED 16.3.2015

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EXHIBIT P7 THE TRUE COPY OF THE JUDGMENT DATED 12.4.2017 IN CMA NO.16/2015 OF THE SUB COURT, TIRUR.

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RESPONDENT'S/S EXHIBITS: NIL

Payyanattukodassery Mohammed v. Kottuvala Subaida

Case brief

What is this about?

What did the court decide?

Payyanattukodassery Mohammed v. Kottuvala Subaida

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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