Rasiya v. Beevathu

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.BHAVADASAN TUESDAY, THE 13TH DAY OF JANUARY 2015/23RD POUSHA, 1936 OP(C).No. 85 of 2015 (O) ------------------------- (IA.NO.1567/2014 IN OS.NO. 188/2013 OF MUNSIFF MAGISTRATE COURT, PONNANI) ----------------- PETITIONER :

--------------------- RASIYA, D/O.MAMU, PUTHUVALAPPIL HOUSE, VELIYAMKODE, PONANI TALUK MALAPPURAM DISTRICT.

BY ADVS.SRI.K.B.ARUNKUMAR SRI.RANJIT BABU RESPONDENT :

------------------------- BEEVATHU, W/O.HANEEFA, PERINGOD HOUSE, NEAR TOLL BOOTH, PUTHUPONANI,MALAPPURAM DISTRICT, PIN-679 577 THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 13-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

OP(C).No. 85 of 2015 (O) ------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1 - A TRUE COPY OF THE PETITION IN OP.NO.625/2013 ON THE FILE OF FAMILY COURT, TIRUR.

EXT.P2 - THE TRUE COPY OF THE PLAINT IN O.S.NO.188/2014 NOW PENDING ON THE FILE OF MUNSIFF COURT, PONNANI EXT.P3 - THE TRUE COPY OF THE WRITTEN STATEMENT IN O.S.NO.188/2013 EXT.P4 - THE TRUE COPY OF THE PETITION NUMBERED AS OP NO.353 OF 2014 ON THE FILE OF FAMILY COURT, TIRUR EXT.P5 - THE TRUE COPY OF THE ORDER IN TR.P(C)NO.664/2014 OF THIS HON'BLE COURT EXT.P6 - THE TRUE COPY OF THE IA NO.1567/2014 FILED UNDER SECTION 10 OF CPC EXT.P7 - THE TRUE COPY OF THE ORDER DATED 08-12-2014 IN IA NO.1567/2014 IN OS NO.188/2013 ON THE FILE OF THE MUNSIFF COURT, PONNANI RESPONDENT(S)' EXHIBITS:

NIL /TRUE COPY/ P.A.TO.JUDGE sts

B.KEMAL PASHA, J.

................................................................ O.P.(Crl) No.85 of 2014 ............................................................... Dated this the 25th day of March, 2015

J U D G M E N T

This is a petition filed under Article 227 of the Constitution of India.

2.

Perused the letter dated 19.03.2015 from the learned Judicial First Class Magistrate's Court-I, Varkala. It seems that the matter is kept idle before the court below solely on a submission made by the defence that a curative petition was preferred by the defence is pending before the Apex court. So long as there is no order of stay in the matter, the court below shall dispose of the matter, as expeditiously as possible, as the matter is an old one. In the result, this O.P.(Criminal) is disposed of by directing the court below to dispose of the matter, as

O.P.(Crl)85 of 2015 -: 2 :- expeditiously as possible, at any rate, within two months from today, in case any stay order has not been produced before the court below.

Sd/- B.KEMAL PASHA, JUDGE ul/- [True copy] P.S. to Judge