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Fathima Vs Abdul Karim — Civil Procedure and Limitation | Kerala HC (2019)

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Kerala HC
2019
Fathima Vs Abdul KarimFathima v. Abdul Karim

Remanded

Fathima v. Abdul Karim

Kerala HC17 Oct 2019OP(C)/2269/2019

Case brief

AI extract

What is this about?

The High Court directed the Additional District Court to dispose of interim applications within 45 days due to the limited nature of the prayer.

What did the court decide?

Alloted 45 days for disposal of pending interim applications.

What the court decided

AI extract

A

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR

THURSDAY, THE 17TH DAY OF OCTOBER 2019 / 25TH ASWINA, 1941

OP(C).No.2269 OF 2019

AGAINST THE ORDER/JUDGMENT IN AS 33/2014 DATED 10-01-2017 OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - VI, THIRUVANANTHAPURAM

AGAINST THE ORDER/JUDGMENT IN OS 127/2009 OF SUB COURT, NEDUMANGAD

PETITIONERS/APPELLANTS 1 & 4/ ADDL. DEFENDANT NOS. 11 & 15:

1 FATHIMA AGED 68 YEARS W/O KOCHUVAVA RAWTHER, MEENMOOTTIL VEEDU, IRINCHAYAM, THEKKADA, THIRUVANANTHAPURAM DISTRICT

2 SHAJEER S/O. KOCHUVAVA RAWTHER, MEENMOOTTIL VEEDU, IRINCHAYAM, THEKKADA, THIRUVANANTHAPURAM DISTRICT

BY ADV. SRI.LATHEESH SEBASTIAN

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the trial court was directed to dispose of pending interim applications expeditiously.

Parties & counsel

AI extract

appellant
1 FATHIMA A/GED 68 YEARS W/O KOCHUVAVA RAWTHER
appellant
2 SHAJEER S/O. KOCHUVAVA RAWTHER
respondent
ABDUL KARIM S/O. SAYED MOHAMMED

Coram

AI extract

Case details

As recorded by the court registry

Court: Kerala HC
Decided on: 17 Oct 2019 · October
Registered: 22 Aug 2019
Case no.: OP(C)/2269/2019

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Cite this judgement

Fathima v. Abdul Karim, OP(C)/2269/2019 (KL), decided on 17 October 2019.

The High Court of Kerala publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

B.SUDHEENDRA KUMAR

Parties & counsel

Outcome

Alloted 45 days for disposal of pending interim applications.

Issue for consideration

Whether the trial court was directed to dispose of pending interim applications expeditiously.

Detailed headnote1 paragraphs

The Court directed the Additional District Court to dispose of I.A.Nos.2244/2019 and 2245/2019 in A.S.33/2014 as expeditiously as possible, within forty-five days of receipt of the judgment, in view of the limited nature of the prayer.

A compact analysis

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.

RESPONDENT/RESPONDENT/PLAINTIFF:

ABDUL KARIM S/O. SAYED MOHAMMED, AS-FALAHI MANDAPAM, VEMBAYAM, THEKKADA VILLAGE, NEDUMANGAD, THIRUVANANTHAPURAM - 695 615

R1 BY ADV. SRI.VINOD RAVINDRANATH

THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 17.10.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

-2-

OP(C).No.2269 OF 2019

JUDGMENT

In view of the limited nature of the prayer, the Additional District Court concerned is directed to dispose of I.A.Nos.2244/2019 and 2245/2019 in A.S.33/2014 as expeditiously as possible and at any rate within a period of forty five days from the date of receipt/production of a copy of this judgment.

This original petition stands disposed of as above.

Sd/-

B.SUDHEENDRA KUMAR

JUDGE

Nkr/18.10.2019

-3-

OP(C).No.2269 OF 2019

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE PLAINT IN O.S.NO.127/2009 OF SUB COURT, NEDUMANGAD

EXHIBIT P2 TRUE COPY OF THE WRITTEN STATEMENT IN O.S.NO.127/2009

EXHIBIT P3 TRUE COPY OF THE APPEAL MEMORANDUM AS A.S.NO.33/2014 OF DISTRICT COURT, THIRUVANANTHAPURAM

EXHIBIT P4 TRUE COPY OF THE JUDGMENT OF THE ADDITIONAL DISTRICT COURT, THIRUVANANTHAPURAM IN A.S.NO.33/2014 DATED 10.01.2017

EXHIBIT P5 TRUE COPY OF THE PETITION IN I.A.NO. 2245/2019 IN A.S.NO.33/2014 OF ADDITIONAL DISTRICT COURT, THIRUVANANTHAPURAM

EXHIBIT P6 TRUE COPY OF THE PETITION IN I.A.NO.2244/2019 IN A.S.NO.33/2014 OF ADDITIONAL DISTRICT COURT, THIRUVANANTHAPURAM

RESPONDENT'S EXHIBITS: NIL

B.SUDHEENDRA KUMAR

CNR

KLHC010593772019

Topic

Civil Procedure and Limitation

Bench

B.sudheendra Kumar

Disposal

DISPOSED OF

17 Oct 2019

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