Badar Saman v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA TUESDAY, THE 11TH DAY OF AUGUST 2015/20TH SRAVANA, 1937 OP(C).No. 1962 of 2015 (O) ------------------------------------- AS 66/2015 OF DISTRICT COURT, THIRUVANANTHAPURAM OS 137/2007 of PRINCIPAL SUB COURT,ATTINGAL ------------------- PETITIONER(S)/APPELLANTS:

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BADAR SAMAN, AGED 72 YEARS, S/O.MOHAMMED IBRAHIM (LATE), RESIDING AT BEEN BROTHERS HOUSE, PALLICKAL VILLAGE AND DESOM.

2.

LATHIFA BEEVI, W/O.BADARSAMAN. S., AGED 66 YEARS, RESIDING AT BEEN BROTHERS HOUSE, PALLICKAL VILLAGE AND DESOM.

BY ADVS.SRI.M.R.RAJESH SMT.E.S.SANDHYA RESPONDENT(S)/RESPONDENTS:

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STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 2.

TAHSILDAR, CHIRAYINKEEZHU TALUK, HAVING OFFICE AT TALUK OFFICE, ATTINGAL THIRUVANANTHAPURAM DISTRICT-695101.

3.

VILLAGE OFFICER, PALLICKAL VILLAGE HAVING OFFICE AT VILLAGE OFFICE, PALLICKAL, THIRUVANANTHAPURAM-695020. 4.

NABEESATHU BEEVI, ASGED 48 YEARS, D/O.ABIDA BEEVI, ABIDA MANZIL, MOOLABHAGAM, PALLICKAL VILLAGE AND DESOM, THIRUVANANTHAPURAM-695020.

R1-3 BY GOVERNMENT PLEADER THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 11-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PJ

OP(C).No. 1962 of 2015 (O) ------------------------------------- APPENDIX PETITIONERS' EXHIBITS ------------------------------------ P1:

COPY OF THE APPEAL MEMORANDUM IN AS.66/15 ON THE FILE OF DISTRICT COURT, THIRUVANANTHAPURAM P2:

COPY OF THE IA.1014/15 IN EXT.P1 APPEAL P3:

COPY OF THE SCHEDULE OF PROPERTIES IN OS.137/2007 BEFORE THE SUB COURT, ATTINGAL P4:

COPY OF IA.1015/15 IN EXT.P1 P5:

COPY OF THE PETITION FOR READMITTING EXT.P1 APPEAL DATED 29/5/15. RESPONDENTS' EXHIBITS ------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

B. KEMAL PASHA, J.

````````````````````````````````````````````````````````````` O.P.(C) No.1962 of 2015 ````````````````````````````````````````````````````````````` Dated this the 11th day of August, 2015

J U D G M E N T

~ ~ ~ ~ ~ ~ ~ ~ ~ Heard learned counsel for the petitioners.

2.

The District Court, Thiruvananthapuram is directed to dispose of Ext.P5 application for readmission of the appeal, as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment. Till then, the parties shall maintain status quo. In the event of readmission of the appeal, the petitioners can seek appropriate relief from the appellate court.

With the said observations, this O.P.(Civil) is disposed of.

Sd/- (B.KEMAL PASHA, JUDGE) aks/11/08 // True Copy // PA to Judge