Abdul Vahab Vs Basheerkutty — Kerala HC (2025) — LawSathi Research

Abdul Vahab Vs Basheerkutty — Kerala HC (2025) — LawSathi Research

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR.JUSTICE BASANT BALAJI

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

OP(C) NO. 655 OF 2025

OS NO.147 OF 2022 OF MUNSIFF COURT, KARUNAGAPPALLY

PETITIONERS/DEFENDANTS 1 AND 3:

1 ABDUL VAHAB

AGED 70 YEARS S/O MYTHEEN KUNJU, KUNNUMKADA VEEDU, KATTIKADAVU P.O., ADHINAD THEKKUM MURI, ADHINAD VILLAGE, KARUNAGAPPALLY TALUK, KOLLAM DISTRICT, PIN - 690542

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

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

RESPONDENTS/PLAINTIFF AND DEFENDANT 2 AND 4 TO 13:

1 BASHEERKUTTY

AGED 72 YEARS S/O MYTHEEN KUNJU, KUNNUMKADA VEEDU, KATTILKADAVU (PO), ADHINAD SOUTH MURI, ADHINAD VILLAGE, KARUNAGAPALLY TALUK, KOLLAM DISTRICT - 690542., NOW RESIDING AT MUBARAK

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MANZIL, KATTILKADAVU (PO), ADHINAD SOUTH MURI, ADHINAD VILLAGE, KARUNAGAPALLY TALUK, REPRESENTED BY HIS POWER OF ATTORNEY HOLDER MUBARAK B, S/O.BASHEERKUTTY, AGED 33 YEARS, KUNNUMKADA VEEDU, KATTILKADAVU (PO), ADHINAD SOUTH MURI, KULASEKHARAPURAM VILLAGE, KARUNAGAPALLY TALUK, NOW RESIDING AT MUBARAK MANZIL, KAATTIKADAVU POST, ADINAD THEKKE MURI, KULASEKHARAPURAM VILLAGE, KARUNAGAPPALLY TALUK, PIN - 690542

2 ABDUL SALEEM

AGED 65 YEARS

S/O.MYTHEEN KUNJU, RESIDING AT KUNNUMKADA VEEDU, KAATTIKADAVU POST, ADINADU THEKKU MURI, ADINADU VILLAGE, KARUNAGAPPALLY TALUK, KOLLAM DISTRICT, PIN - 690542

3 JAMEELA BEEVI AGED 75 YEARS W/O.JALEEL RAWTHER, KUNNUMKADA VEEDU, ADINADU THEKKU MURI, ADINADU VILLAGE, KARUNAGAPPALLY TALUK, NOW RESIDING AT KALLUR KIZHEKKETHIL VEEDU, THAMARAKKULAM MURI, THAMARAKKULAM VILLAGE, KOLLAM DISTRICT, PIN - 690530

4 SAFIYA BEEVI

AGED 72 YEARS

W/O.SHOUKATHALI, KUNNUMKADA VEEDU, ADINADU THEKKU MURI, ADINADU VILLAGE, KARUNAGAPPALLY TALUK NOW RESIDING AT DEEPTHI, KUREEPUZHA CHERRY, THRIKKADAVOOR VILLAGE, KOLLAM TALUK, KOLLAM DISTRICT, PIN - 691601

5 ABDUL RAZAK @ SHEKH KUNJU AGED 81 YEARS S/O.AIDROSE KUNJU, CHERUCHITTANKARA VEEDU, KANNAMBALLI BHAGHOM MURI, KEERIKKODE VILLAGE, THODUPUZHA, PIN - 685586

6 NADEERA BEEVI, AGED 52 YEARS

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D/O.MYTHEEN KUNJU, KAANJICKAL PADINJATTETHIL VEEDU, ADINADU SOUTH MURI, ADINADU VILLAGE, NOW RESIDING AT NEDUMPURAKKAL HOUSE, KOTTAYAM WEST POST, KOTTAYAM DISTRICT, PIN - 686003

7 SHOUKATH

S/O.HAMEED RAWTHER, RESIDING AT SHAMEER MANZIL, CHUNAKKARA POST, CHUNAKKARA VILLAGE, MAVELIKKARA TALUK, ALAPPUZHA, PIN - 690534

8 NOORJAHAN

AGED 59 YEARS

W/O.SHOUKATHALI, KUNNUMKADA VEEDU, ADINADU THEKKU MURI, KULASEKHARAPURAM VILLAGE, KARUNAGAPPALLY TALUK, NOW RESIDING AT SHAMEER MANZIL, CHUNAKKARA POST, CHUNAKKARA VILLAGE, MAVELIKKARA TALUK, ALAPPUZHA, PIN - 690534

9 ABDUL SALEEM

AGED 58 YEARS S/O.MOHAMMED KUNJU, RESIDING AT KOCHUVEETTIL KIZHEKKETHIL, KAATTIL KADAVU POST, ADINADU THEKKU MURI, ADINADU VILLAGE, KARUNAGAPPALLY TALUK, KOLLAM DISTRICT, PIN - 690542

0 IRSHAD BASHEER

AGED 33 YEARS

S/O.ABDUL BASHEER, PAINGAKULAM MANZIL, KAATTILKADAVU POST, ADINADU SOUTH MURI, ADINADU VILLAGE, KOLLAM DISTRICT, PIN - 690542

11 SAUMYA S

AGED 26 YEARS

W/O.IRSHAD BASHEER, PAINGAKULAM MANZIL, KAATTILKADAVU POST, ADINADU SOUTH MURI, ADINADU VILLAGE, KOLLAM DISTRICT, PIN - 690542

12 SHAJAHAN

AGED 54 YEARS

S/O.ALIYARU KUNJU, VALANTHARA KIZHEKKETHIL, KARUNAGAPPALLY POST, PADANAYARKULANGARA NORTH

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MURI, KARUNAGAPPALLY VILLAGE, KOLLAM, PIN - 690518

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

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JUDGMENT

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

The original petition is filed for a direction to the

Munsiff Court, Karunagappally, to dispose of OS

No.147/2022 within a time frame. The suit is one for setting

aside the sale deeds, declaring 1/3 right of the plaintiffs over

the schedule properties and for partition and separate possession of plaint scheduled properties, recovery of gains/ income from property, recovery of possession and injunction.

The petitioners are the defendants 1 and 3

in O.S.No. 147/2022, and the respondents are the plaintiff, defendants 2, 4 to 13 respectively in the said suit. The

petitioners are aggrieved by the delay in disposing of the suit.

A report was called for, and a report dated

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

summons, defendants No.1, 2, 3, 5, 8 & 9 appeared before

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the court and they filed written statement. Defendants No.6

reported to be no more, and subsequently legal heirs of 6th defendant impleaded as additional defendants 13 & 14. Issues were framed and the case is posted for pre-trial steps. The plaintiff in O.S.217/2017 has filed a joint trial petition as IA.02/2023 for the joint trial of this case along with OS.410/17 and O.S.217/2017 and on 16.08.2023, the above mentioned joint trial petition was allowed considering O.S.217/17 as the leading case. Subsequently on 28.11.2024 the plaintiff in this case filed IA.10/2024 to separate this case from the joint trial and to conduct trial separately. First defendant filed objection to this IA and the case is posted for hearing IA.10/2024 to 26.03.2025 along with connected cases. The Munsiff requested six months' time for disposal of the case after completion of pre-trial steps.

Taking note of the facts and circumstances of the case and the report of the Munsiff, I dispose of this original

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petition, directing the Munsiff Court, Karunagappally, to

dispose of OS No.147/2022, within a period of six months

after completion of pre-trial steps.

Sd/-

BASANT BALAJI

JUDGE

JS

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APPENDIX OF OP(C) 655/2025

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE PLAINT IN O.S.NO. 147/2022 ON THE FILE OF THE HONOURABLE MUNSIFF COURT, KARUNAGAPPALLY

Exhibit P2 TRUE COPY OF THE WRITTEN STATEMENT IN O.S.NO. 147/2022 ON THE FILE OF THE HONOURABLE MUNSIFF COURT, KARUNAGAPPALLY FILED BY DEFENDANTS 1, 3, 8 AND 9 Exhibit P3 TRUE COPY OF THE WRITTEN STATEMENT IN O.S.NO. 147/2022 ON THE FILE OF THE HONOURABLE MUNSIFF COURT, KARUNAGAPPALLY, FILED BY THE 5TH RESPONDENT