Kerala High Court
Umnayya vs Kunhimoidden @ Bava on 27 March, 2025
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947
OP(C) NO. 161 OF 2025
AS NO.60 OF 2019 OF ASSISTANT SESSIONS COURT/SUB
COURT/COMMERCIAL COURT, TIRUR
PETITIONERS/RESPONDENTS 1 TO 6, 8 AND 11/PLAINTIFFS 1 TO 3, 5,6,7,9, AND
12:
1 UMNAYYA
AGED 77 YEARS
W/O. LATE CHEMBAN MOHAMMED HAJI, RESIDING AT CHEMBAN
HOUSE, PARAKKADAVU, MOONIYUR AMSOM DESOM,
TIRURANGADITALUK, POST MOONIYUR,MALAPPURAM, PIN - 676311
2 SULAIKHA,
AGED 64 YEARS
W/O. LATE MUSTHAFA, RESIDING AT THALEKKARA HOUSE,
MAPPOTTIL ROAD, POST PARAPPANANGADI, PARAPPANANGADI
AMSOM DESOM, TIRURANGADI TALUK, MALAPPURAM, PIN - 676303
3 AYISHA BEEVI T.K
AGED 62 YEARS
W/O. SYED MOHIYADHEEN, RESIDING AT MUNAL MANZIL, POST
KOLATHARA, NALLALAM AMSOM DESOM, KOZHIKODE TALUK,
KOZHIKODE, PIN - 673655
4 NOORJAHAN
AGED 56 YEARS
W/O. ALAVI, RESIDING AT KOONANVEEDAN HOUSE, PARAKADAVU,
POST MOONIYUR, MOONIYUR AMSOM DESOM, TIRURANGADI
TALUK, MALAPPURAM, PIN - 676311
5 KHAIRUNNISA
AGED 52 YEARS
OPC 161/2025
-2-
2025:KER:28256
W/O. ABDUL SALEEM, RESIDING AT PALAKKAVALAPPIL HOUSE,
POST POOKAYIL, TIRUR, TIRUR AMSOM DESOM, TIRUR TALUK,
MALAPPURAM, PIN - 676107
6 PANAKKAL SAIDALAVI
AGED 58 YEARS
S/O CHEKKUTTY HAJI, RESIDING AT PANAKKAL HOUSE,
KODINHI P.O, KOTTATHANGADI, NANNAMBRA, KODINHI
AMSOM DESOM OF TIRURANGADI TALUK, MALAPPURAM, PIN -
676309
7 ANEES
AGED 37 YEARS
S/O SAIDALAVI, RESIDING AT PANAKKAL HOUSE, KODINHI P.O,
KOTTATHANGADI, NANNAMBRA, KODINHIAMSOMDESOM OF
TIRURANGADI TALUK, MALAPPURAM, PIN - 676309
8 AKTHAN PANAKKAL, (WRONGLY SHOWN AS ADNAN)
AGED 16 YEARS
S/O SAIDALAVI, RESIDING AT PANAKKAL HOUSE, KODINHI P.O,
NANNAMBRA, KODINHI AMSOM DESOM OF TIRURANGADI
TALUK, (MINOR), REPRESENTED BY FATHER AND GUARDIAN,
PANAKKAL SAIDALAVI, AGED 58 YEARS, S/O CHEKKUTTY HAJI,
RESIDING AT PANAKKAL HOUSE, KODINHI P.O,
KOTTATHANGADI, NANNAMBRA, KODINHIAMSOMDESOM OF
TIRURANGADI TALUK, MALAPPURAM, PIN - 676309
BY ADVS.
V.V.SURENDRAN
P.A.HARISH
SANIKA.V.S.
DONA PAUL
SHILPA K.
RESPONDENTS/1ST APPELLANT, RESPONDENTS 12, 7, 9 AND
10/DEFENDANTS 1 AND 2 AND SUPPL.PLAINTIFFS 8, 10 AND 11:
1 KUNHIMOIDDEN @ BAVA
AGED 74 YEARS
S/O. BEERANKUTTY, RESIDING AT JIHAD MANZIL,
PALATHINKAL, POST NEDUVA, PARAPPANANGADI,
NEDUVAAMSOMDESOM, MALAPPURAM, PIN - 676303
OPC 161/2025
-3-
2025:KER:28256
2 MUSTHAFA
AGED 71 YEARS
/O. BEERANKUTTY, RESIDING AT THALAKKARA HOUSE,
PUTTATTUTHARA, POST ULLANAM, MALAPPURAM, PIN -
676303
3 DILSHANA
AGED 30 YEARS
D/O SAIDALAVI, RESIDING AT PANAKKAL HOUSE, KODINHI,
P.O, KODINHIAMSOMDESOM, TIRURANGADI TALUK,
MALAPPURAM, PIN - 676309
4 SHERIN SHAHANAS
AGED 33 YEARS
D/O SAIDALAVI, RESIDING AT PANAKKALHOUSE, KODINHI, P.O,
KODINHIAMSOMDESOM, TIRURANGADI TALUK, MALAPPURAM,
PIN - 676309
5 SHAHANA P
AGED 27 YEARS
D/O SAIDALAVI, RESIDING AT PANAKKAL HOUSE, KODINHI P.O,
KODINHIAMSOMDESOM, TIRURANGADI TALUK, MALAPPURAM,
PIN - 676309
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 27.03.2025,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OPC 161/2025
-4-
2025:KER:28256
JUDGMENT
(Dated this the 27th day of March, 2025) This original petition has been filed for a direction to the Subordinate Judge's Court, Tirur, to hear and dispose of the AS No.60/2019 within a time frame. The petitioners are the respondents in AS No.60/2019. Challenging the decree and judgment passed by the Munsiff Court, Parappanangadi, in OS No.431/2014, which is a suit for partition, AS No.60/2019 was filed.
2. The counsel for the petitioners submits that the appeal is filed in the year 2019 and is ripe for hearing. As the petitioners 1 to 3, especially the 1st petitioner, is suffering from serious ailments, he seeks a speedy disposal of AS No.60/2019.
3. A report from the Sub Court, Tirur, was called for, and a report dated 29.01.2025 is received, wherein it is stated that the case is posted to 15.03.2025 awaiting trial court records.
OPC 161/2025-5-
2025:KER:28256 Taking into consideration the facts and circumstances of the case and considering that the suit is of the year 2019, I direct the Subordinate Judge's Court, Tirur, to dispose of AS No.60/2019, within a period of three months after the summer vacation.
The original petition is disposed of.
Sd/-
BASANT BALAJI JUDGE JS OPC 161/2025 -6- 2025:KER:28256 APPENDIX OF OP(C) 161/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE PLAINT IN O.S 431/2014 DATED 15.12.2014 ON THE FILE OF MUNSIFF COURT, PARAPPANANGADI Exhibit P2 A TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN O.P. (C) 796/2019 DATED 28.03.2019 Exhibit P3 A TRUE COPY OF THE JUDGMENT IN O.S 431 OF 2014 DATED 30.09.2019 ON THE FILE OF THE MUNSIFF COURT, PARAPPANANGADI Exhibit P4 A TRUE COPY OF THE MEMORANDUM OF APPEAL IN A.S. 60/2019 DATED 05.11.2019 ON THE FILE OF THE SUB COURT, TIRUR Exhibit P5 A TRUE COPY OF THE RELEVANT PAGES OF DISCHARGE SUMMARY OF THE 1ST PETITIONER FROM ASTER MIMS HOSPITAL, KOTTAKKAL DATED 10.10.2022