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2025 Supreme(Online)(Ker) 53909

IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. NATARAJAN, J
SHAMSUDHEEN V.Y – Appellant
Versus
MARIYUMMA SULTHAN – Respondent
OP(C) NO. 2408 OF 2025



Court directs lower court to expedite pending applications without unnecessary delays.

Headnote:The judgment concerns OP

(C) No. 2408 of 2025 filed by the 5th defendant seeking expedient disposal of pending applications in O.S. No. 77/2020. The court finds existing applications do not permit specifying a timeline for trial, thus directing the lower court to expedite the process without unnecessary delays. The verdict allows the petition with directions for prompt handling of the pending applications.

Table of Content
1. petition filed for expeditious disposal of pending applications. (Para 1 , 2)
2. current status of the case and pending applications discussed. (Para 3)
3. court's directive to expedite pending applications. (Para 4)

JUDGMENT

Dated this the 20th day of November, 2025 The learned counsel for the petitioner is not present.

2. The Original Petition is filed by the petitioner/5th defendant for directing the Sub Judge, North Paravoor, for expeditious disposal of I.A No.10/2021, and I.A. No.19/2023 in O.S. No.77/2020 within a time frame. A report has been received from the court concerned, which reads as under:

“As per the above reference, the Hon'ble High Court has sought for a report from this court regarding the present status of O.S.No. 77/2020 of this court and the time required to dispose of the case. It is humbly submitted that 12 petitions are pending in this case as IA Nos.8/2021, 9/2021, 10/2021, 13/2022, 14/2022, 18/2023, 19/2023, 22/2024, 26/2024, 406/2024, 407/2024 and 28/2025. The details of the petitions are as follows:-

IA No.8/2021 S.151 CPC To direct 4th defendant to produce profit and expenditure account, filed by transposed Defendants

6,7,8 and plaintiff.

IA No.9/2021 S.340 CrPC To prosecute the person who has put forged signature of the 5th defendant, filed by 5th defendant IA No.10/2021 S.151 CPC and Ss. To send document/vakkalath of

50, 73 of Indian the 5th defendant to FSL, filed by Evidence Act the 5th defendant.

IA No.13/2022 S.151 CPC To produce Fixed Deposit in the name of the 2nd defendant, which is entitled to the father, filed by 4th and 2nd defendants.

IA No.14/2022 O.VI R.17 CPC Amendment petition to incorporate more schedule as plaint schedule property, filed by transposed defendants 6,7,8 &

plaintiff IA No.18/2023 O.XXXIX R.2A CPC Alleging violation of injunction order in IA No.1/2020, filed by the transposed defendants 6 to 8 &

plaintiff IA No.19/2023 O.XI R.2 CPC To answer interrogatories, filed by

5th defendant.

IA No.22/2024 O.XXXIX R.2A CPC Alleging violation of injunction order in IA No.1/2020, filed by the plaintiff IA No.26/2024 O.III R.2 CPC and To allow POA to give evidence and R.22 CRP prosecute on behalf of 4th defendant, filed by the Power of Attorney Holder.

IA No.406/2024 Direction Petition To direct the amount payable to father to keep in the interest bearing account of the third party sought to be impleaded, filed by the third party.

IA No.407/2024 O.I R.10(2) CPC Impleadment petition, filed by third party.

IA No.28/2025 S.151 CPC To list at the earliest, filed by the transposed defendants 6,7,8.

Out of these petitions, IA 18/2023 and IA 22/2024 are the petitions filed under Order XXXIX Rule 2A CPC and these petitions can be disposed of only after taking evidence as they are the petitions to adjudicate the allegation of violation of injunction order. IA No.9/2021 is the petition filed under section 340 CrPC to prosecute the person who has put the forged signature of the 5th defendant in the vakkalath. IA No.10/2021 is the petition to sent the forged signature in the vakkalath along with the admitted signatures to the forensic science laboratory. IA No.19/2023 is petition under order XI Rule 2 seeking to answer the interrogatories. IA 9/2021, IA 10/2021 and IA 19/2023 are filed by the 5th defendant, who is the petitioner in the present OP(c) NO.2408/2025 pending before the High Court of Kerala. The other petitions are also similar petitions, which are to be adjudicated in detail. Since these 12 petitions are pending, which includes the above said petitions to be adjudicated in detail, this court is not in a position to make the case ripe for trial. Hence, your good self may kindly find that without disposing of these petitions, this court is not in a position to specify the time within which the suit can be disposed of.

The present status of the case is that this court is taking evidence in IA No.18/2023 filed under Order XXXIX Rule 2A CPC and it is posted for respondent's evidence

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