The High Court of Kerala directed the Munsiffs Court, Attingal, to dispose of a pending suit (O.S. No. 705 of 2016) within six months, finding it ripe for trial. The court closed the original petition without deciding on merits.
Direction to Munsiffs Court, Attingal to dispose of O.S. No. 705 of 2016 within six months.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR
TUESDAY, THE 29TH DAY OF OCTOBER 2019 / 7TH KARTHIKA, 1941
OP(C).No.2189 OF 2017(O)
CMA 7/2017 DATED 16-06-2017 OF PRINCIPAL SUB COURT,ATTINGAL
PETITIONER/S:
1 SHEEJA BEEVI D/O.RASHEED, AGED 42 YEARS, RESIDING AT KUZHIVILA VEEDU,ALAMCOD P.O, ALAMCOD DESOM AND VILLAGE,ATTINGAL, PIN CODE 695 102
2 SHEENA BEEVI
D/O. RASHEED,AGED 40 YEARS,RESIDING AT KUZHIVILA VEEDU, ALAMCOD P.O, ALAMCOD DESOM AND VILLAGE, ATTINGAL, PIN CODE 695 102
BY ADVS. SRI.R.S.KALKURA SMT.P.ANJANA SMT.R.BINDU SRI.HARISH GOPINATH SRI.M.S.KALESH SMT.NEENU PAVITHRAN
RESPONDENT/S:
SADIK A. S/O.ABDUL AZEEZ, AGED 41 YEARS,CHARUVILA VEEDU, CHATHAMPARA,THOTTAKKADU P.O, MANAMBUR VILLAGE,ATTINGAL, PIN 695101
R1 BY ADV. SRI.M.ABDUL RASHEED R1 BY ADV. SMT.V.LALI
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 29.10.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Case No. OP(C) 2189/17
JUDGMENT
When this matter has been taken up for hearing, the learned Advocates on both sides have submitted that O.S. No.705 of 2016 on the files of the Munsiffs court, Attingal is ripe for trial. Since the suit is ripe for trial, it is only just and proper to issue a direction to the court below to dispose of the suit expeditiously. For the said reason, I do not propose to pass any order on merits in this Original Petition.
Accordingly, this Original Petition stands closed, with a direction to the Munsiffs Court, Attingal to dispose of O.S. No.705 of 2016, in accordance with law, as expeditiously as possible and at any rate within a period of six months from the date of receipt/production of a copy of this judgment.
The interim order passed by this court will continue till the disposal of the suit.
sd B. SUDHEENDRA KUMAR, JUDGE .
dl/
Case No. OP(C) 2189/17
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF PLAINT IN OS NO 705/2016 ON THE FILES OF MUNSIFF'S COURT, ATTINGAL EXHIBIT P2 TRUE COPY OF THE I.A NO 2999/2016 IN O.S NO 705/2016 ON MUNSIFF'S COURT, ATTINGAL
EXHIBIT P3 TRUE COPY OF COUNTER AFFIDAVIT DATED 9- 3-2017 FILED BY THE 1ST DEFENDANT TO I.A NO 2999/2016 IN O.S NO 705/2016 ON THE FILES OF THE MUNSIFF'S COURT, ATTINGAL
EXHIBIT P4 TRUE COPY OF REPORT DATED 23-03-2017 FILED BY THE ADVOCATE COMMISSIONER IN O.S NO 705/2016 EXHIBIT P5 TRUE COPY OF OBJECTION DATED 15-03-2017 FILED BY THE DEFENDANTS IN O.S 705/2016 TO THE COMMISSIONER REPORT EXHIBIT P6 TRUE COPY OF WRITTEN STATEMENT DATED 9- 3-2017 FILED BY DEFENDANTS IN O.S 705/2016 ON THE FILES OF MUNSIFF'S COURT, ATTINGAL EXHIBIT P7 TRUE COPY OF I.A 549/2017 FILED BY THE PLAINTIFF IN O.S NO 705/2016 ON THE FILES OF THE MUNSIFF'S COURT,ATTINGAL
EXHIBIT P8 TRUE COPY OF OBJECTION DATED 9-3-2017 FILED BY DEFENDANTS TO I.A NO 549/2017 IN O.S NO 705/2016 ON THE FILES OF THE MUNSIFF'S COURT, ATTINGAL
EXHIBIT P10 TRUE COPY OF MEMORANDUM OF APPEAL IN C.M.A 7/2017 ON THE FILES OF THE SUBORDINATE JUDGE'S COURT, ATTINGAL
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EXHIBIT P11 TRUE COPY OF THE JUDGMENT DATED 16-062017 IN C.M.A 7/2017 ON THE FILE OF THE SUBORDINATE JUDGE'S COURT, ATTINGAL EXHIBIT P12 TRUE COPY OF I.A 1241/2017 FILED BY THE PLAINTIFF IN O.S 705/2016 ON 20-06-2017 IS PRODUCED HEREWITH AND MARKED AS
RESPONDENT'S/S EXHIBITS: NIL
1 issue framed by the court
Whether to issue a direction to the court below to dispose of an interim suit filed in a munsiff court expeditiously.
SHEEJA BEEVI
SHEENA BEEVI
SADIK A.
B. SUDHEENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
