Disposed¶48

Ali v. Abbas K.S

Kerala HC3 Apr 2025OP(C)/754/2025

Case brief

AI extract

What is this about?

OP(C) 754 of 2025, Kerala High Court (Basant Balaji, J., 03.04.2025); direction for time-bound disposal of OS No.77/2017, Munsiff Court Alathur; 2017 suit for fixation of northern boundary of plaint schedule property and perpetual injunction; written statement with counter-claim; mediation not settled; death of 1st defendant; supplemental defendants 3 to 6 impleaded 05.10.2024; IA No.918/2018 allowed; commission report and plan dated 19.03.2018 remitted 18.10.2024; case posted to 05.06.2025; suit ordered to be disposed of within four months after completion of pre-trial steps; speedy disposal of long-pending suit.

What did the court decide?

Direction to the Munsiff Court, Alathur to dispose of OS No.77/2017 within a period of four months after completion of pre-trial steps. ¶48

Ali Vs Abbas K.S — 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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THURSDAY, THE 3^RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947

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OP(C) NO. 754 OF 2025

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OS NO.77 OF 2017 OF MUNSIFF COURT, ALATHUR

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PETITIONERS/DEFENDANTS 2 TO 6

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1 ALI

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AGED 59 YEARS

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S/O. SAITHUMUHAMMED RAWTHER, RESIDING AT KARIMKULAM HOUSE, MANIKKAPPADAM , VADAKKENCHERY, PIN - 678683

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2 AYSHA

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AGED 59 YEARS

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W/O LATE ABDULLA, RESIDING AT KARIMKULAM HOUSE, MANIKKAPPADAM , VADAKKENCHERY, PIN - 678683

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3 ILYAS

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AGED 41 YEARS

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S/O LATE ABDULLA, RESIDING AT KARIMKULAM HOUSE, MANIKKAPPADAM , VADAKKENCHERY, PIN - 678683

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4 SHABANA

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AGED 36 YEARS

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D/O LATE ABDULLA, RESIDING AT KARIMKULAM HOUSE, MANIKKAPPADAM, VADAKKENCHERY REPRESENTED BY POWER OF ATTORNEY HOLDER, MR. AFSAL AGED 30 YEARS S/O LATE ABDULLA, RESIDING AT KARIMKULAM HOUSE, MANIKKAPPADAM , VADAKKENCHERY PIN-678 683, PIN - 678683

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5 AFSAL

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AGED 30 YEARS RESIDING AT KARIMKULAM HOUSE, MANIKKAPPADAM , VADAKKENCHERY, PIN - 678683

BY ADVS.

OPC 754/2025

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2025:KER:28704

M.A.VAHEEDA BABU BABU KARUKAPADATH P.K.ABDUL RAHIMAN ARYA RAGHUNATH KARUKAPADATH WAZIM BABU P.LAKSHMI AYSHA E.M. HASHIM K.M. ABUASIL A.K. HANIYA NAFIZA V.S. MANU KRISHNA S.K. M.I.INSAF MOOPPAN RISHI VINCENT

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RESPONDENT/PLAINTIFF:

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ABBAS K.S /O SAITHU MUHAMMED RAWTHER, RESIDING AT KARIMKULAM HOUSE, MANIKAPPADAM, VADAKKENCHERY, PIN - 678683

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

OPC 754/2025

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2025:KER:28704

JUDGMENT

(Dated this the 3rd day of April, 2025)

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This original petition has been filed for a direction to

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the Munsiff Court, Alathur, to dispose of OS No.77/2017

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within a time frame.

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The petitioners are the defendants 2 to 6, and

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the respondent is the plaintiff in O.S. No 77/2017 on the files of the Hon’ble Munsiff Court, Alathur. The suit was filed for fixation of the northern boundary of the plaint schedule property and for perpetual injunction. The defendants filed the written statement with counter-claim. As the suit is of the year 2017, the petitioners seek a speedy disposal.

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A report was called for, and a report dated 28.03.2025 is received from the Munsiff Court, Alathur,

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wherein it is stated that even though the matter was referred for mediation, the same was not settled. The death of 1st

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defendant was reported, and supplemental defendants 3 to 6

OPC 754/2025

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2025:KER:28704

were impleaded on 05.10.2024. IA. No.918/2018 was allowed, and the commission report and plan dated 19.03.2018 were remitted on 18.10.2024. The case is now posted to 05.06.2025 for the written statement of supplemental defendants 3, 4 and 6 and for repeated steps against the 5th defendant and for the Commission report. The Munsiff requested four months' time after the completion of pre-trial steps to dispose of the suit.

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Taking into consideration the facts and circumstances of the case and considering the request of the Munsiff, I deem it appropriate to dispose of this original petition, with a direction to the Munsiff Court, Alathur, to dispose of OS No.77/2017, within a period of four months after completion of pre-trial steps.

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The original petition is dispose of.

Sd/-

BASANT BALAJI

JUDGE

OPC 754/2025

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2025:KER:28704

APPENDIX OF OP(C) 754/2025

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PETITIONER EXHIBITS

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Exhibit P1 A TRUE COPY OF THE PLAINT DATED 04/03/2017 IN OS NO. 77/2017 PRESENTED BEFORE THE HON’BLE MUNSIFF COURT, ALATHUR

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Exhibit P2 A TRUE COPY OF THE WRITTEN STATEMENT DATED 16/08/2017 IN OS NO. 77/2017 PRESENTED BEFORE THE HON’BLE MUNSIFF COURT, ALATHUR Exhibit P3 A TRUE COPY OF THE COUNTER CLAIM DATED 28/07/2018 IN O.S. NO. 77/2017 FILED BY DEFENDANTS 1 AND 2 BEFORE THE HON’BLE MUNSIFF COURT, ALATHUR Exhibit P4 A TRUE COPY OF THE WRITTEN STATEMENT TO COUNTER CLAIM DATED 05/11/2018 IN OS NO. 77/2017 FILED BY THE PLANTIFF BEFORE THE HON’BLE MUNSIFF COURT, ALATHUR

Ali v. Abbas K.S

Case brief

What is this about?

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Ali v. Abbas K.S

Case brief

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