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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS TUESDAY, THE 15TH DAY OF NOVEMBER 2022 / 24TH KARTHIKA, 1944 OP(C) NO. 2167 OF 2022 AGAINST THE ORDER/JUDGMENT IN OS 161/2022 OF MUNSIFF COURT, TIRUR PETITIONER/S:
1 NILATHEERAM HOTELS (P) LTD.
CHENNAI,26/14, RAGAVANCOLONY, SECOND CROSS STREET,ASHOK NAGAR, CHENNAI-600083 REP.BY ITS MANAGING DIRECTOR KUNIYIL RADHAKRISHNAN, AGED 73 YEARS, S/O KUNHI RAMA KURUPPU, TRIKKANAPURAM AMSOM- KALLOOR DESAM, AYAMKALAM.P.O,PONNANI TALUK PIN - 679594
2 KUNIYIL RADHAKRISHNAN AGED 73 YEARS S/O KUNHI RAMA KURUPPU, TRIKKANEPURAM AMSOM-KALLOOR DESAM, AYAMKALAM.P.O,PONNANI TALUK MALAPPURAM DISTRICT , PIN - 679594 BY ADV JAMSHEED HAFIZ RESPONDENT/S:
1 ABDUL RAHEEM AGED 35 YEARS S/O CHULLIYIL VALAPPIL MOIDEENKUTTY KADANCHERY AMSOM DESOM MALAPPURAM DISTRICT, PIN -
679582
2 KOTTOPADAM CHITS PVT LTD, 1ST FLOOR KUTTIPURAM, REP. BY MANAGING DIRECTOR SHIJI RAJESH AGED 45 YEARS, W/O RAJESH, KOTTOPADATH VEEDU, AYANKALAM.P.O PONNANI TALUK PIN - 679594
3 SHIJI RAJESH AGED 45 YEARS, W/O RAJESH RESIDING AT KOTTOPADATH VEEDU AYANKALAM P.O, PONNANI TALUK MALAPPURAM DISTRICT , PIN - 679594
4 KOTTOPADATH VASU AGED 78 YEARS, S/OTHEYYAN RESIDING AT KOTTOPADATH VEEDU AYANKALAM P.O, PONNANI TALUK-
MALAPPURAM DISTRICT , PIN - 679594
5 CHANDRIKA AGED 70 YEARS W/O VASU RESIDING AT KOTTOPADATH VEEDU AYANKALAM P.0, PONNANI TALUK MALAPPURAM DISTRICT , PIN - 679594
6 SURYADEV AGED 25 YEARS S/O RAJESH RESIDING AT KOTTAPADATH VEEDU AYANKALAM PO PONNANI TALUK MALAPPURAM DISTRICT , PIN - 679594
7 ARYA AGED 19 YEARS D/O.RAJESH RESIDING AT KOTTOPADATH VEEDU AYANKALAM P.O, PONNANI TALUK MALAPPURAM DISTRICT , PIN - 679594
8 ABOOBACKER AGED 55 YEARS S/O.MOIDEENKUTTY CHULLIVALAPPIL HOUSE, KALADI .P.O KALADI AMSOM DESOM, MALAPPURAM DISTRICT, PIN - 679582
9 SUKUMARAN CHOLAKKAT AGED 58 YEARS S/O. THRIKKOOR RAJAN, THRIKKOOR VEEDU THRISSUR, PIN - 680316 THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
15.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
The original petition is filed, interalia, to direct the Court of the Munsiff, Tirur to consider and dispose of I.A.No.3/2022 in I.A.No.2/2022 in O.S.No.161/2022 within a time frame.
2. Pursuant to the order dated 07.11.2022 passed by this Court, the learned Munsiff, Tirur (Munsiff in charge) by communication dated 09.11.2022, has informed this Court that I.A.No.3/2022 has been filed to lift the order of attachment passed in I.A.No.2/2022. As there is no regular sitting in the said court, the application was adjourned to 15.12.2022. The present Munsiff is holding the additional charge of the court below. The court below would take six months time to dispose of the application.
3. Heard; Sri.Jamsheed Hafiz, the learned counsel appearing for the petitioners. Even though notice of the original petition was served on the learned counsel appearing for the respondents before the court below and a memo is filed to the effect, there is no appearance for them.
4. In the light of the pleadings and materials on record and after perusing the communication of the learned Munsiff and taking into account the fact that the application is filed for lifting of the attachment, I am of the view that the matter is to be considered expeditiously. In the result, in exercise of the supervisory powers of this Court under Article 227 of the Constitution of India, I direct the Court of the Munsiff, Tirur (Munsiff in charge) to consider and dispose of I.A.No.3/2022 in I.A.No.2/2022 in O.S.N.161/2022, in accordance with law, as expeditiously as possible at any rate on or before 23.12.2022. The original petition is ordered accordingly.
sd/-
C.S.DIAS, JUDGE
APPENDIX OF OP(C) 2167/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PLAINT OS. NO. 161/2022 BEFORE THE MUNSIFF COURT TIRUR DATED
13.06.2022 Exhibit2 TRUE COPY OF THE I.A. NO. 3/ 2022 IN IA.
NO. 2/2022 IN OS. NO. 161/2022 BEFORE THE MUNSIFF COURT TIRUR DATED 04.08.2022
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