This original petition under Article 227 of the Constitution of India sought early disposal of a partition suit. The High Court directed the Munsiff Court to try and dispose of the suit within three months.
Direction to the Munsiff Court, Thiruvalla to try and dispose of O.S.No.530/2019 within three 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 A. BADHARUDEEN
WEDNESDAY, THE 25TH DAY OF MAY 2022 / 4TH JYAISHTA, 1944
OP(C) NO. 230 OF 2022
AGAINST THE ORDER/JUDGMENT IN OS 530/2019 OF MUNSIFF COURT,
THIRUVALLA
PETITIONERS/PLAINTIFFS:
1FATHIMA BEEVI
AGED 74 YEARS
W/O HANEEFA RAWTHER,
KINATTUKARA PURAYIDATHIL (KOLLAMPARAMBIL),
CHUNGAPPARA P.O.KOTTANGAL, MALLAPPALLY TALUK,
PATHANAMTHITTA DISTRICT-686 547.
2RASEENA BEEVI,
AGED 51 YEARS
D/O HANEEFA RAWTHER,
KINATTUKARA PURAYIDATHIL (KOLLAMPARAMBIL),
CHUNGAPPARA P.O.KOTTANGAL, MALLAPPALLY TALUK,
PATHANAMTHITTA DISTRICT-686 547.
3SOPHIA,
AGED 46 YEARS
D/O HANEEFA RAWTHER,
KINATTUKARA PURAYIDATHIL (KOLLAMPARAMBIL),
CHUNGAPPARA P.O.KOTTANGAL, MALLAPPALLY TALUK,
PATHANAMTHITTA DISTRICT-686 547.
BY ADV SANIL JOSE
RESPONDENTS/DEFENDANTS:
1ABDUL RASAKH
AGED 50 YEARS
S/O HANEEFA RAWTHER,
KINATTUKARAYIL HOUSE, 31ST MILE,
MUNDAKAYAM VILLAGE, MUNDAKAYAM TALUK,
KOTTAYAM DISTRICT-686 513.
2 NAJEEB, AGED 44 YEARS S/O HANEEFA RAWTHER, KINATTUKARAYIL HOUSE,OP(C) NO. 230 OF 2022
2
CHUNGAPPARA P.O. P.O.KOTTANGAL, MALLAPPALLY
TALUK, PATHANAMTHITTA DISTRICT-686 547
3NASARUDEEN,
AGED 42 YEARS
S/O HANEEFA RAWTHER, KINATTUKARAYIL HOUSE,
CHUNGAPPARA P.O..KOTTANGAL, MALLAPPALLY TALUK,
PATHANAMTHITTA DISTRICT-686 547
BY ADV G.CHITRA
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
25.05.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(C) NO. 230 OF 2022
3
JUDGMENT
Dated this the 25th day of May, 2022
This original petition has been filed under Article 227 of the Constitution of India.
did not oppose the prayer for early disposal in a Suit for partition. Other respondents did not appear despite service of notice.
In view of the matter, there shall be a direction to the
Munsiff Court, Thiruvalla to try and dispose of O.S.No.530/2019, within a period of three months, from the
OP(C) NO. 230 OF 2022
4
date of receipt or production of a copy of this judgment This Original Petition (Civil) stands disposed of.
Registry is directed to forward a copy of this judgment
to the court below concerned, within seven days, for compliance and information.
Sd/-
A. BADHARUDEEN
JUDGE
nkr
OP(C) NO. 230 OF 2022
5
APPENDIX OF OP(C) 230/2022
PETITIONER EXHIBITS
Exhibit P1TRUE PHOTOCOPY OF THE PLAINT IN OS NO
530/2019, MUNSIFF COURT, THIRUVALLA
Exhibit P2TRUE PHOTOCOPY OF THE CASE HISTORY OF
EXT P1 SUIT AS REVEALED FROM THE
WEBSITE ECOURTS. GOV.IN
1 issue framed by the court
Whether to grant early disposal directions in a Suit for partition pending in the subordinate court.
2 provisions across 1 enactments
FATHIMA BEEVI AND ORS
ABDUL RASAKH AND ORS
A. BADHARUDEEN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court