Disposed¶42

Jumaileth v. Safia Beevi

Kerala HC21 Mar 2025OP(C)/645/2025

Case brief

AI extract

What is this about?

OP(C) 645/2025; Kerala High Court at Ernakulam; Justice Basant Balaji; 2025:KER:26016; speedy disposal; direction to subordinate civil court; Munsiff Court Karunagappally; O.S.No.410/2017; permanent prohibitory injunction; time-bound disposal; six months after pre-trial steps; IA No.07/2024 maintainability; impleading petition; amendment petition.

What did the court decide?

Direction to the Munsiff Court, Karunagappally to dispose of OS No.410/2017 within a period of six months after completion of pre-trial steps. ¶42

Jumaileth Vs Safia Beevi — Kerala HC (2025) — LawSathi Research

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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 BASANT BALAJI

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FRIDAY, THE 21^ST DAY OF MARCH 2025 / 30TH PHALGUNA, 1946

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OP(C) NO. 645 OF 2025

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OS NO.410 OF 2017 OF MUNSIFF COURT, KARUNAGAPPALLY

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PETITIONER/PLAINTIFF:

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JUMAILETH AGED 65 YEARS W/O ABDUL VAHAB, KUNNUMKADA VEETIL, KATTILKADAVU (PO) ADHINAD SOUTH MURI, ADHINAD VILLAGE, KARUNAGAPALLY TALUK, KOLLAM DISTRICT, PIN - 690542

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BY ADVS. R.REJI M.V.THAMBAN THARA THAMBAN B.BIPIN ARUN BOSE JEENA A.V. THOMAS THOMAS ARJUN R. RAGESH R.

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RESPONDENTS/DEFENDENTS:

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1 SAFIA BEEVI

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AGED 72 YEARS W/O SHOWKATH ALI, KUREEPUZHA CHERIYIL DEEPTHIYIL, THRIKADAVOOR VILLAGE, KOLLAM DISTRICT, PIN- FROM KUNNUMKADA VEETIL, KATTILKADAVU (PO) ADHINAD VILLAGE, KARUNAGAPALLY TALUK, KOLLAM DISTRICT, PIN - 690542

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2 BASHEERKUTTY AGED 71 YEARS

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S/O MYTHEEN KUNJU, KUNNUMKADA VEETIL, KATTILKADAVU (PO) ADHINAD SOUTH MU RI, ADHINAD VILLAGE, KARUNAGAPALLY

OPC 645/2025

-2-

2025:KER:26016

TALUK, KOLLAM DISTRICT, PIN - 690542

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3 ABDUL VAHAB, AGED 70 YEARS S/O MYTHEEN KUNJU, P.O BOX NO. 125, RIYAD, KINGDOM OF SAUDI ARABIA, FROM KUNNUMKADA VEETIL, KATTILKADAVU (PO) ADHINAD SOUTH MURI, ADHINAD VILLAGE, KARUNAGAPALLY TALUK, KOLLAM DISTRICT, PIN - 690542

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 21.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

OPC 645/2025

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2025:KER:26016

JUDGMENT

(Dated this the 21st day of March, 2025)

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The original petition is filed for a direction to the

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Munsiff Court, Karunagappally, to dispose of OS No.410/2017

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within a time frame. The suit is one for permanent prohibitory injunction.

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The petitioner is the plaintiff in O.S.No.

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410/2017 on the file of the Munsiff Court, Karunagappally,

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and the respondents 1 to 3 are defendants 1 to 3 respectively,

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in the said suit. The petitioner is aggrieved by the delay in

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disposing of the suit.

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A report was called for, and a report dated

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20.03.2025 is received, wherein it is stated that on receipt of

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summons, defendants appeared, and the first defendant filed written statement. Subsequently, the 2nd defendant filed IA No.07/2024 challenging the maintainability of the suit. Further

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on 12.03.2025, the counsel for the plaintiff prays for time for

OPC 645/2025

-4-

2025:KER:26016

filing impleading petition and amendment petition. Now the case is posted along with connected cases to 26.03.2025 for filing impleading petition and amendment petition and also for hearing in I.A. No.07/2024. The Munsiff requested six months' time for disposal of the case after the completion of pre-trial steps.

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Taking note of the facts and circumstances of the case and the report of the Munsiff, I dispose of this original petition, directing the Munsiff Court, Karunagappally, to dispose of OS No.410/2017, within a period of six months after completion of pre-trial steps.

Sd/-

BASANT BALAJI JUDGE

OPC 645/2025

-5-

2025:KER:26016

APPENDIX OF OP(C) 645/2025

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PETITIONER EXHIBITS

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Exhibit P1 TRUE COPY OF THE PLAINT IN O.S.NO. 410/2017 ON THE FILE OF THE HONOURABLE MUNSIFF COURT, KARUNAGAPPALLY DATED 27/10/2017 Exhibit P2 TRUE COPY OF THE WRITTEN STATEMENT IN O.S.NO. 410/2017 ON THE FILE OF THE HONOURABLE MUNSIFF COURT, KARUNAGAPPALLY DATED 5/7/2018.

Jumaileth v. Safia Beevi

Case brief

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Jumaileth v. Safia Beevi

Case brief

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