High Court of KeralaOP(C)/1011/2015disposed of

Ahammed v. Mammathu

2015-04-08Honourable Mr.Justice C.S.Dias7 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.BHAVADASAN WEDNESDAY, THE 8TH DAY OF APRIL 2015/18TH CHAITHRA, 1937 --------------------------- OS 29/1999 of MUNSIFF COURT, TIRUR PETITIONER/4TH RESPONDENT/4TH PLAINTIFF :

-------------------------------------------------------------------- AHAMMED, AGED 59 YEARS, S/O.ALIYAMU, PARAMBIL HOUSE, MARAKKARA AMSOM, KALLARAMANGALAM DESOM, TIRUR TALUK. (P4).

BY ADV. SRI.RAJIT RESPONDENTS/PETITIONER & RESPONDENTS 1 TO 3 & 5 TO 33 /PLAINFIFFS 1 TO 3 & 5 & 6 DEFENDANTS.:

1. PARAMMAL ALYAMU'S DAUGHTER MAMMATHU, MARAKKARA AMSOM, KALLARAMANGALAM DESOM, TIRUR TALUK-676 515.

2. PARAMMAL ALYAMU'S SON YOUSAF, AGED 62 YEARS, MARAKKARA AMSOM, KALLARAMANGALAM DESOM, TIRUR TALUK-676 515.

3. PARAMMAL ALYAMU'S DAUGHTER MARIYA, AGED 53 YEARS, MARAKKARA AMSOM, KALLARAMANGALAM DESOM, TIRUR TALUK-676 515.

4. PARAMMAL ALYAMU'S SON KUNHALAKUTTY, P.B.NO.56510, BANIYAS, ABUDABI, UAE-56610.

5. MADANI K KUHIYIL CHEKKUTTY'S SON AHAMMED, AGED 33 YEARS, MARAKKARA AMSOM, KALLARAMANGALAM DESOM, TIRUR TALUK-676 515.

6. DECEASED KADIYA'S CHILDREN AHAMMEDKUTTY, AGED 57 YEARS TIRUR TALUK-676 518.

7. NAFEESA, AGED 56 YEARS

8. BIYYAMMAKUTTY, AGED 46 YEARS, TIRUR TALUK-676 518.

9. KADER, AGED 44 YEARS, TIRUR TALUK-676 518.

10. KASIM, AGED 39 YEARS, TIRUR TALUK-676 518.

11. KOMU, MARAKKARA AMSOM, KALLARAMANGALAM DESOM , TIRUR TALUK-676 518.

12. MOOSAKUTTY TIRUR TALUK-676 518.

13. BULKEES MARAKKARA AMSOM, KALLARAMANGALAM DESOM, TIRUR TALUK.

14. PARAMMAL KADER'S WIFE AMINA, AGED 68 YEARS, TIRUR TALUK-676 518.

15. MANDAYAPPURAM MARAKKAR'S SON ABDUL GAFOOR, AGED 43 YEARS

16. MANDAYAPPURAM MOOSA'S WIFE PATHUMMA, AGED 83 YEARS

17. MANDAYAPPURAM MARAKKAR'S SON SALEEM, AGED 33 YEARS

18. MANDAYAPPURAM MUHAMMED HAJI'S SON YOOSUF, KALPAKANCHERY, AMSOM DESOM, TIRUR TALUK-676 551.

19. MANDAYAPPURAM MUHAMMED HAJI'S DAUGHTER SUBAIDA, AGED 43 YEARS, KALPAKANCHERY, AMSOM DESOM, TIRUR TALUK-676 551.

20. MANDAYAPPURAM MUHAMMED HAJI'S SON SULAIMAN, AGED 58 YEARS KALPAKANCHERY, AMSOM DESOM, TIRUR TALUK-676 551.

21. MANDAYAPPURAM MUHAMMED HAJI'S SON PULIKKAL UMMER, AGED 51 YEARS, KALPAKANCHERY, AMSOM DESOM, TIRUR TALUK-676 551.

22. MANDAYAPPURAM MUHAMMED HAJI'S SON MOIDEENKUTTY, AGED 48 YEARS, MARAKKARA AMSOM, KALLARAMANGALAM DESOM, TIRUR TALUK-676 551.

23. MANDAYAPPURAM AHAMMEDKUTTY'S SON MANDAYAPPURAM MUHAMMED HAJI, AGED 78 YEARS

24. MANDAYAPPURAM MARAKKAR'S DAUGHTER SAFIYA, AGED 38 YEARS

25. MANDAYAPPURAM MARAKKAR'S DAUGHTER SHAHIDA, AGED 33 YEARS

26. MANDAYAPPURAM MARAKKAR'S SON KABEER, AGED 38 YEARS

27. MANDAYAPPURAM MARAKKAR'S DAUGHTER MARIYUMMU, AGED 38 YEARS

28. MACHINCHERY PATHUMMA, AGED 53 YEARS

29. PARAMMAL ALIYAMU'S DAUGHTER ALEEMA, AGED 65 YEARS

30. PARAMMAL ALIYAMU'S DAUGHTER KUNHEEMA, AGED 63 YEARS

31. MANDAYAPPURAM KUNHARU'S SON MUHAMMED HAJI,

32. MANDAYAPPURAM KUNHARU'S DAUGHTER KADIYA, AGED 73 YEARS

33. MANDAYAPPURAM KUNHARU'S DAUGHTER AYISHA, AGED 33 YEARS

34. MANDAYAPPURAM KUNHARU'S DAUGHTER THITHY UMMA, AGED 53 YEARS

35. MANDAYAPPURAM KUNHARU'S SON ATHIKKA UMMA

36. MANDAYAPPURAM KUNHARU'S SON MOOSA, AGED 55 YEARS

37. AYISHA

38. PATHUMMA, MARAKKARA AMSOM, KALLARAMANGALAM DESOM

39. RAMLA, MARAKKARA AMSOM, KALLARAMANGALAM DESOM

40. KADEEJA, MARAKKARA AMSOM, KALLARAMANGALAM DESOM

41. KALLAYI RAYIN'S WIFE THEKKINIYAKATH PATHUMMAKUTTY, AGED 53 YEARS, MARAKKARA AMSOM, KALLARAMANGALAM DESOM

42. KALLAYI RAYIN'S DAUGHTER KADEEJA, AGED 38 YEARS

43. VALIYAPARAMBIL MUHAMMED SON HAMEED, AGED 38 YEARS

44. MANDAYAPPURAM MOOSA'S SON AHAMMEDKUTTY, AGED 48 YEARS

45. MANDAYAPPURAM RUKHIYA, THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 08-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: bp

--------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1:

TRUE COPY OF THE ORDER DATED 14/1/2015 IN IA NO.686/2013 AND IA 972/2013 IN IA 309/2011 IN OS NO.25/1999.

RESPONDENT(S)' EXHIBITS :

NIL.

--------------------------------------- //TRUE COPY// P.A. TO JUDGE bp

P.BHAVADASAN, J.

- - - - - - - - - - - - - - - - - - - - - - - - O.P.(C) No. 1011 of 2015 - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 08th day of April, 2015

J U D G M E N T

The limited prayer in this original petition under Article 227 of the Constitution of India is for a direction to the Munsiff Curt, Tirur to expedite the disposal of I.A.No. 309/2011 which is a final decree application in the suit. It was pending consideration from 2011 onwards.

In a suit for partition, a preliminary decree was passed and a petition was moved for passing of final decree. In the final decree proceedings, a Commission was deputed and even though the respondents did not co-operate with the Commissioner and he filed a report excluding item No. 18 from the purview of the inspection.

Respondents are alleged to have filed a petition before the court below along with certain documents pointing out that, item 18 is also liable to be partitioned and the Commissioner may be directed to inspect that property

O.P.(C) No. 1011 of 2015 -2also.

The only grievance of the petitioner is that the matter is being protracted under one pretext or another and passing of the final decree is being unnecessarily delayed. The petitioner therefore prays that there may be a direction to the Munsiff Court, Tirur to take up the matter at the earliest and dispose of the same in accordance with law. 5.

In the nature of the order that is proposed to be passed, it is felt that notice to the respondents is unnecessary as none of their rights are affected. This petition is disposed of directing the Munsiff Court, Tirur to take up I.A.No. 309/2011 and dispose it of as expeditiously as possible, after considering the various claims put forward by the parties in accordance with law, at any rate, within a period of six months from the date of reopening of the court after summer vacation. Sd/- P.BHAVADASAN JUDGE ds