Hassan v. K.J.Abdul Salam
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.BHAVADASAN THURSDAY, THE 29TH DAY OF JANUARY 2015/9TH MAGHA, 1936 RP.No. 86 of 2015 (O) IN OP(C).2868/2014 ------------------------------------------ AGAINST THE JUDGMENT IN OP(C) 2868/2014 OF HIGH COURT OF KERALA DATED 03-12-2014 ------------------------------- REVIEW PETITIONER/RESPONDENT :
------------------------------------------------------- HASSAN, AGED 43 YEARS, S/O ABDUL SALAM, KATTACKAL HOUSE, KAZHAKKUNNU, CULLIMANOOR P.O., PANAVOOR VILLAGE, NEDUMANGAD TALUK, THIRUVANANTHAPURAM DISTRICT - 695 541 BY ADVS.SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENTS/PETITIONERS :
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1. K.J.ABDUL SALAM, AGED 72 YEARS, S/O.KASSIM JAILANI, HASEENA MANZIL, HOSPITAL ROAD, NEDUMANGAD, THIRUVANANTHAPURAM DISTRICT- 695 541
2. SHAHIBA BEEVI, AGED 55 YEARS, W/O K.J.ABDUL SALAM, HASEENA MANZIL, HOSPITAL ROAD, NEDUMANGAD, THIRUVANANTHAPURAM DISTRICT 695 541 R1 AND R2 BY ADV.SRI.GOPAKUMAR R.THALIYAL THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 29-01-2015, ALONG WITH O.P(C)NO.2868 OF 2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
VS
RP.No. 86 of 2015 (O) IN OP(C).2868/2014 ----------------------------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS :
----------------------------------------- ANNEXURE I :
COPY OF THE I.A.NO.1/2014 IN O.S.NO.741/2013 DATED 01.01.2014 FILED BY THE REVIEW PETITIONER.
ANNEXURE II :
COPY OF THE OBJECTION FILED IN I.A.NO.1/2014 IN O.S.NO.741/2013 DATED 08.01.2014.
ANNEXURE III :
COPY OF THE I.A.NO.5046/2013 IN O.S.NO.741/2013 DATED 20.12.2013 FILED BY THE REVIEW PETITIONER.
RESPONDENT(S)' EXHIBITS :
NIL ------------------------------------------- /TRUE COPY/ PA TO JUDGE VS
P.BHAVADASAN, J.
--------------------------------------------------------------- Review Petition No. 86 of 2015 IN O.P.(Civil) No. 2868 of 2014 --------------------------------------------------------------- Dated this the 29th day of January, 2015
ORDER
This review petition is directed against the judgment dated 03.12.2014 in O.P.No.2868/2014 which reads as follows;
"XXXXXXX 3.
"The only prayer being one for early disposal of the suit, it is felt that notice to the respondent is unnecessary since their rights are not affected. Considering the nature of the suit, it is only proper that direction sought for by the petitioner be issued.
This original petition is allowed.
Munsiff Court - I, Nedumangad is directed to take up O.S.No.741/2013 by including the same in the list of January 2015 and dispose of the same as expeditiously as possible, at any rate, before the closure of the court for summer vacation in 2015".
2.
The only grievance of the review petitioner is that this court has not considered the fact that Annexures
Review Petition No. 86 of 2015 IN O.P.(Civil) No. 2868 of 2014 1 and 3 petitions are pending before the court below and without disposing of the same the trial will not be completed.
3.
It is made clear that the direction issued by this Court for the expeditious disposal of the suit before the court below, does not mean that the petitions pending before the court below need not be considered. Those petitions shall be disposed of in accordance with law. The Review Petition is disposed of as above.
Sd/- P.BHAVADASAN JUDGE rkj //TRUE COPY// P.A. TO JUDGE