Kerala High Court
Shamsudeen vs Rahiyanath Beevi
Author: P.N.Ravindran
Bench: P.N.Ravindran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.N.RAVINDRAN
FRIDAY, THE 20TH DAY OF DECEMBER 2013/29TH AGRAHAYANA, 1935
OP(C).No. 4257 of 2013 (O)
---------------------------
AGAINST THE ORDER/JUDGMENT IN AS 53/2007 of PRINCIPAL SUB
COURT,ATTINGAL
PETITIONER(S):
------------------
SHAMSUDEEN, AGED 63 YEARS
S/O.MOHAMMED MUSTAFA, RESIDING AT TC.9/1090
2ND AVENUE, HOUSE NO.240, AKG NAGAR
PEROORKADA, TRIVANDRUM-695005.
BY ADVS.SRI.M.RAMASWAMY PILLAI
SMT.PREETHY R. NAIR
RESPONDENT(S):
---------------------
1. RAHIYANATH BEEVI,, AGED 75 YEARS
W/O.MOHAMAD HANEEFA, THITTAYIL VEEDU, MADANVILA
PERUMATHURA, AZHOOR VILLAGE, THIRUVANANTHAPURAM-695002.
2. SHAJAHAN,, AGED 46 YEARS
S/O.MOHAMED ABOOBACKER, THITTAYIL VEEDU, MADANVILA
PERUMATHURA, AZHOOR VILLAGE, THIRUVANANTHAPURAM-695002.
3. ANVAR,, AGED 39 YEARS
S/O.MOHAMED ABOOBACKER, THITTAYIL VEEDU, MADANVILA
PERUMATHURA, AZHOOR VILLAGE, THIRUVANANTHAPURAM-695002
POWER OF ATTORNEY HOLDER OF ABOVE PERSONS.
BY
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 20-12-2013,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C).No. 4257 of 2013 (O)
---------------------------
APPENDIX
PETITIONER(S)' EXHIBITS
-----------------------------
EXT.P1: COPY OF JUDGMENT DATED 30.6.2007 IN O.S.128/2001 OF THE
MUNSIFF'S COURT, ATTINGAL.
EXT.P2: COPY OF APPEAL SUIT A.S.53/2007 FILED BY RESPONDENTS 1 & 2
BEFORE THE SUB COURT, ATTINGAL.
EXT.P3: COPY OF JUDGMENT DATED 17.12.2007 IN WPC.NO.37289 OF 2007(L)
OF THIS HONOURABLE COURT.
EXT.P4: COPY OF THE 'B' DIARY IN APPEAL.
RESPONDENT(S)' EXHIBITS
--------------------------------
/TRUE COPY/
P.A TO JUDGE
P.N.RAVINDRAN, J.
-------------------------------
O.P.(C).No.4257 of 2013
---------------------------------
Dated this the 20th day of December, 2013
JUDGMENT
The petitioner is the plaintiff in O.S.No.128 of 2001 on the file of the Court of the Munsiff of Attingal. The respondents are the defendants therein. The suit instituted by the petitioner was decreed after trial by judgment delivered on 30.6.2007. Aggrieved thereby the defendants filed A.S.No.53 of 2007 on the file of the Court of the Subordinate Judge of Attingal. In this original petition filed under Article 227 of the Constitution of India the petitioner prays for an order directing the appellate court to hear and dispose of the appeal expeditiously.
2. Pursuant to the order passed by this Court on 29.11.2013, the Presiding Officer has submitted a report dated 7.12.2013 wherein it is stated that the respondent in the appeal was entered appearance through counsel but the lower court records have not so far been received. The Presiding Officer has also reported that the appeal can be disposed of within three months from the date of receipt of the lower court records. As nearly six years have passed after the appeal was filed, I am of the opinion that this Court would be justified in disposing of the appeal even without ordering notice to the respondent, by directing the appellate court to hear and ..2..
dispose of the appeal expeditiously. I accordingly dispose of the original petition with the following directions:
1. The Court of the Munsiff of Attingal shall forward the records in O.S.No.128 of 2001 to the Court of the Subordinate Judge of Attingal for incorporation in the records in A.S.No.53 of 2007 within two weeks from the date of receipt of a copy of this judgment.
2. The Court of the Subordinate Judge of Attingal shall thereupon hear and dispose of the appeal expeditiously and in any event before the closure of the civil courts for the 2014 summer vacation.
Sd/-
P.N.RAVINDRAN, JUDGE.
rkc.