Allowed

Muhammed Safarulla, v. Hameed Kunju

Kerala HC26 Jul 2023OP(C)/464/2023

Case brief

AI extract

What is this about?

The High Court of Kerala, exercising supervisory jurisdiction under Article 227, directed the Subordinate Judge, Karunagappally, to dispose of an injunction application (I.A. No.1/2022) in O.S. No.52/2022 within one month.

What did the court decide?

The learned Subordinate Judge, Karunagappally, is directed to dispose of I.A. No.1/2022 in O.S. No.52/2022 expeditiously, within one month from the date of receipt of this judgment.

Muhammed Safarulla, Vs Hameed Kunju — Property and Title | Kerala HC (2023)

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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 C.S.DIAS

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WEDNESDAY, THE 26TH DAY OF JULY 2023 / 4TH SRAVANA, 1945

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OP(C) NO. 464 OF 2023

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AGAINST THE ORDER IN OS 52/2022 OF SUB COURT, KARUNAGAPPALLY

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ORIGINAL PETITIONER/PLAINTIFF:

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1MUHAMMED SAFARULLA,
AGED 58 YEARS
S/O KOYAKKUTTY ASHAN,
RESIDING AT SAFA-MARVA, MUKUNDAPURAM P.O,
CHAVARA VILLAGE, PATTATHANAM MURI,
KARUNAGAPPALLY TALUK,

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KOLLAM DISTRICT, PIN - 691585

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BY ADV A.JANI(KOLLAM)

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RESPONDENTS/DEFENDANTS:

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1HAMEED KUNJU,
S/O MYTHEEN KUNJU, RESIDING AT THADATHIL COTTAGE, THAZHAVA
P.O, PULIYOORVANCHI VADAKKUM MURI, THODIYOOR VILLAGE,
KARUNAGAPPALLY TALUK, KOLLAM DISTRICT, PIN - 690523

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2NAZEERA HAMEED,
W/O HAMEED KUNJU, RESIDING AT THADATHIL COTTAGE, THAZHAVA
P.O, PULIYOORVANCHI VADAKKUM MURI, THODIYOOR VILLAGE,
KARUNAGAPPALLY TALUK, KOLLAM DISTRICT, PIN - 690523
BY ADVS.

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P.MOHANDAS(ERNAKULAM) P.
K.SUDHINKUMAR(K/572/2014)
SABU PULLAN(K/35/2001)
GOKUL D. SUDHAKARAN(K/000886/2016)
R.BHASKARA KRISHNAN(K/000891/2016)
K.P.SATHEESAN (SR.)(S-242)

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 26.07.2023, THE

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COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OPC No.464 of 2023

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C.S.DIAS, J.

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O.P.(C.) No.464 of 2023

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Dated this the 26^th day of July, 2023

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JUDGMENT

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The original petition is filed to direct the Court of the Subordinate Judge, Karunagappally, to consider and dispose of I.A. No.1/2022 in O.S. No.52/2022, expeditiously.

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Pursuant to the order dated 23.02.2022 passed by this Court, the learned Judge, by communication dated 28.02.2023, has informed this Court that I.A. No.1/2022 is filed under Order 38 Rule 5 of the Code of Civil Procedure. The court below requires one month’s time to dispose of the above application.

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Heard; Sri.A.Jani, the learned Counsel appearing for the petitioner and Sri.P.Mohandas, the learned Counsel appearing for the respondents.

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Having considered the pleadings and materials

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OPC No.464 of 2023

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on record and after perusing the communication of the learned Subordinate Judge, in exercise of the supervisory powers of this Court under Article 227 of the Constitution of India, I am inclined to allow the original petition.

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Resultantly, I order the original petition as follows:

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(i) The learned Subordinate Judge, Karunagappally, is directed to consider and dispose of I.A. No.1/2022 in O.S. No.52/2022, in accordance with law and as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a certified copy of this judgment, after affording both sides an opportunity of being heard.

Sd/-

C. S. DIAS

JUDGE

SKP/26-07

OPC No.464 of 2023

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APPENDIX OF OP(C) 464/2023

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`PETITIO`	`NER’S EXHIBITS:`
`EXHIBIT`	`P1`	`TRUE COPY OF PETITION IN O.P.(BRC) NO 6/2018` `BEFORE THE RENT CONTROL COURT, KARUNAGAPPALLY`
`EXHIBIT`	`P2`	`TRUE COPY OF PLAINT IN O.S.NO 346/2019 BEFORE` `THE MUNSIFF COURT, KARUNAGAPPALLY DATED` `27/09/2019`
`EXHIBIT`	`P3`	`TRUE COPY OF THE RECEIPT OF THE COMPLAINT FILED` `BY THE PETITIONER BEFORE THE CHAVARA POLICE` `STATION DATED 10/08/2020`
`EXHIBIT`	`P4`	`TRUE COPY OF THE PLAINT FILED BY THE` `RESPONDENTS IN O.S.NO 244/2020 BEFORE THE` `MUNSIFF COURT, KARUNAGAPPALLY DATED 17/08/2020`
`EXHIBIT`	`P5`	`TRUE COPYOF LICENSE NO: C4-205-16 DATED` `14/12/2015 ISSUED BY THE CHAVARA GRAMA` `PANCHAYAT`
`EXHIBIT`	`P6`	`TRUE COPY OF RENEWAL OF LICENSE NO: C4-205-16` `DATED 13/04/2016 ISSUED BY THE CHAVARA GRAMA` `PANCHAYAT`
`EXHIBIT`	`P7`	`TRUE COPY OF NOTICE DATED 19/10/2020 ISSUED BY` `THE CHAVARA GRAMA PANCHAYAT TO THE PETITIONER`
`EXHIBIT`	`P8`	`TRUE COPY OF JUDGMENT DATED 24/11/2021 IN WP` `(C) NO 24571/2021 BEFORE THIS HON'BLE COURT`
`EXHIBIT`	`P9`	`TRUE COPY O F ORDER ISSUED BY THE SPECIAL` `TAHSILDAR TO THE PETITIONER DATED 09/02/2022`
`EXHIBIT`	`P10`	`TRUE COPY OF JUDGMENT DATED 25/03/2022 IN WP,` `(C) NO 6995/2022 BEFORE THIS HON'BLE COURT`
`EXHIBIT`	`P11`	`TRUE COPY OF PLAINT IN O.S.NO 52/2022 FILED BY` `THE PETITIONER BEFORE THE SUB COURT,` `KARUNAGAPPALLY`
`EXHIBIT`	`P12`	`TRUE COPYO F THE PETITION IN I.A.NO 1/2022 IN` `O.S.NO 52/2022 FILED BY THE PETITIONER BEFORE` `THE SUB COURT, KARUNAGAPPALLY`
`EXHIBIT`	`P13`	`TRUE COPY OF OBJECTION FILED BY THE RESPONDENTS` `IN I.A.NO 1/2022 IN O.S.NO 52/2022 FILED BY THE` `PETITIONER BEFORE THE SUB COURT, KARUNAGAPPALLY`

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RESPONDENTS' EXHIBITS:NIL

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TRUE COPY

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P.A. TO JUDGE

Muhammed Safarulla, v. Hameed Kunju

Case brief

What is this about?

What did the court decide?

Muhammed Safarulla, v. Hameed Kunju

Case brief

What is this about?

What did the court decide?

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