This order allows O.P. No. 459 of 2021 to direct the lower court disposed of the underlying suit within two months. The court directed petitioners to complete service on unserved respondents without delay due to incomplete service and missing legal representatives.
Allowed O.P. directing lower court to dispose of suit within two months.
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 T.V.ANILKUMAR
THURSDAY, THE 18TH DAY OF MARCH 2021 / 27TH PHALGUNA, 1942
OP(C).No.459 OF 2021
AGAINST THE ORDER IN OS 102/2014 OF MUNSIFF COURT, TIRUR
PETITIONER/PLAINTIFFS:
1 MOHAMMED ALIAS KUNHAPPU,
AGED 73 YEARS,
S/O.CHEKKU HAJI, PULIYANKODATH, KUTTIPURAM AMSOM DESOM, P.O. KUTTIPURAM, MALAPPURAM DISTRICT.
2 KADHIJA, W/O.MOHAMMED ALIAS KUNHAPPU, TIRUR TALUK, KUTTIPURAM, MALAPPURAM DISTRICT.
BY ADVS.
SRI.K.A.SALIL NARAYANAN SMT.O.V.BINDU
RESPONDENT/DEFENDANTS:
1 SANDEEP,
S/O.PARVATHY DAS, VAILAPPILLY HOUSE, SHORANUR, CHUDUVALATH P.O., OTTAPPALAM TALUK, PALAKKAD DISTRICT, PIN 679 121
2 JAGADEEP, S/O.PARVATHY DAS, VAILAPPILLY HOUSE, SHORANUR, CHUDUVALATH P.O., OTTAPPALAM TALUK, PALAKKAD DISTRICT, PIN 679 121
3 MINI, D/O.PARVATHY DAS, VAILAPPILLY HOUSE, SHORANUR, CHUDUVALATH P.O., OTTAPPALAM TALUK, PALAKKAD DISTRICT, PIN 679 121
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 18.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C).No.459 OF 2021
2
JUDGMENT
Dated this the 18th day of March 2021
Petitioners who are the defendants in
O.S.No.102/2014 before the Munsiff Court, Tirur, have
filed this O.P, requesting for issue of direction to the Court below for early disposal of I.A.No.21/2020 in
the aforesaid suit, within a time fame to be fixed by this Court.
the parties in the suit passed away and their legal
representatives are yet to be brought on record.
Learned Counsel for the petitioners submits that the
legal representatives have already been brought on
record. Court below further submits that the
respondents 2 and 3 are yet to be appear and steps have
to be taken in this respect by the plaintiffs.
for two month's time for disposal of the suit. I call
OP(C).No.459 OF 2021
upon the petitioners to complete service by taking necessary steps for securing attendance of the unserved defendants.
the view that the Court below ought to be given two month's time to dispose of the suit.
In the result, the O.P is allowed, calling upon the Court below to dispose of the suit within a period of two months from the date of production of a certified copy of this judgment. It is made clear that the petitioners shall take all efforts to complete service on the unserved respondents without delay.
Sd/-
T.V.ANILKUMAR
JUDGE
uu
18.03.2021
OP(C).No.459 OF 2021
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE JUDGMENT IN O.S.102/2014 OF THE COURT OF MUNSIFF, TIRUR. EXHIBIT P2 TRUE COPY OF THE AFFIDAVIT IN SUPPORT OF THE APPLICATION FOR RESTORING THE SUIT TO FILE. EXHIBIT P3 TRUE COPY OF THE JUDGMENT IN W.P. (C).297/2021 OF THIS HON'BLE COURT.
2 issues framed by the court
Whether to grant time to the lower court for disposal of the underlying suit
Whether petitioners to complete service on unserved respondents
1 provisions across 1 enactments
Mohammed Alias Kunhappu
Kadhija
Sandeep
Jagadeep
Mini
T.V. Anilkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
