Disposed

Kunheente Purakkal Subair, v. Kukammuvinte Purakkal Assankunhi

Kerala HC22 Feb 2019OP(C)/313/2019

Case brief

AI extract

What is this about?

This order directs the Sub Court, Tirur to expedite proceedings in O.S.No.60/2016, a partition suit filed in 2016 currently at the stage of framing issues, and to pass the preliminary decree before the summer vacation of 2020.

What did the court decide?

The petitioner's prayer for expeditious disposal is allowed; the Sub Court is directed to expedite the suit and pass the preliminary decree before the summer vacation of 2020.

Kunheente Purakkal Subair, Vs Kukammuvinte Purakkal Assankunhi — Partition | 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 SATHISH NINAN

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FRIDAY, THE 22ND DAY OF FEBRUARY 2019/3RD PHALGUNA, 1940

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O.P.(C)No.313 of 2019

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(SEEKING FOR AN EXPEDITIOUS DISPOSAL OF O.S.No.60/2016 OF SUB COURT, TIRUR)

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PETITIONERS:

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KUNHEENTE PURAKKAL SUBAIR, AGED 49 YEARS, S/O CHERIYA BAVA, PANDARAKADAPPURAM, RAYIRIMANGALAM AMSOM, TANUR NAGARAM DESOM, TANUR P.O., PIN-676 302, TIRUR TALUK, MALAPPURAM DISTRICT. BY ADVS. SRI.JAMSHEED HAFIZ SMT.T.S.SREEKUTTY

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RESPONDENTS:

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1 KUKAMMUVINTE PURAKKAL ASSANKUNHI, S/O. KAMMUTTY BAVA, PANDARAKADAPPURAM, RAYIRIMANGALAM AMSOM, TANUR NAGARAM DESOM, TANUR P.O., PIN-676302, TIRUR TALUK, MALAPPURAM DISTRICT.

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2 IMBICHI BAVA, AGED 76 YEARS, S/O MOHAMMED, CHIRYAKATHU HOUSE, PANDARAKADAPPURAM, RAYIRIMANGALAM AMSOM, TANUR NAGARAM DESOM, TANUR P.O., PIN-676 302, TIRUR TALUK, MALAPPURAM DISTRICT.

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3 HANEEFA, AGED 45 YEARS, S/O IMBICHI BAVA, CHIRYAKATHU HOUSE,

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O.P.(C)No.313 of 2019

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PANDARAKADAPPURAM, RAYIRIMANGALAM AMSOM, TANUR NAGARAM DESOM, TANUR P.O., PIN-676 302, TIRUR TALUK, MALAPPURAM DISTRICT.

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4 ROSHNI, AGED 39 YEARS, W/O HANEEFA, CHIRYAKATHU HOUSE, PANDARAKADAPPURAM, RAYIRIMANGALAM AMSOM, TANUR NAGARAM DESOM, TANUR P.O., PIN-676302, TIRUR TALUK, MALAPPURAM DISTRICT.

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 22.02.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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O.P.(C)No.313 of 2019

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JUDGMENT

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All that the petitioner seeks for, is an expeditious disposal of O.S.No.60/2016 pending on the files of the Sub Court, Tirur.

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The suit is one for partition. The report called for from the Registry reveals that the issues are yet to be framed. Considering the

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fact that the suit is of the year 2016 and that being a suit for partition it has to go through the preliminary decree and final decree stages, I am sure that every endeavour will be made by the Sub Court, Tirur to have the proceedings expedited. The Court shall make every endeavour to have the preliminary decree passed before the court closes for summer vacation, 2020.

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Original Petition is disposed of as above.

Sd/-

SATHISH NINAN

JUDGE

O.P.(C)No.313 of 2019

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 A TRUE COPY OF THE PLAINT IN O.S.60/2016 BEFORE THE SUB COURT TIRUR DATED 30.8.2016.

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EXHIBIT P2 A TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE DEFENDANT DATED 00.3.2017.

Kunheente Purakkal Subair, v. Kukammuvinte Purakkal Assankunhi

Case brief

What is this about?

What did the court decide?

Kunheente Purakkal Subair, v. Kukammuvinte Purakkal Assankunhi

Case brief

What is this about?

What did the court decide?

What the court decided

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