Kerala High Court
FAO/156/2022 of HOWA BEEVI M K Vs NIZAMUDEEN A.S. on 30 December 2022
OF 2022 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 30TH DAY OF DECEMBER 2022 / 9TH POUSHA, 1944 FAO NO. 156 OF 2022 (AGAINST ORDER IN IA 2/21 IN CMA 3/21 DATED 19.10.2022 OF SUB COURT, PUNALUR AGAINST ORDER IN IA NO.2901/2019 IN OS
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 30[TH] DAY OF DECEMBER 2022 / 9TH POUSHA, 1944
FAO NO. 156 OF 2022
(AGAINST ORDER IN IA 2/21 IN CMA 3/21 DATED 19.10.2022 OF SUB COURT,PUNALUR AGAINST ORDER IN IA NO.2901/2019 IN OS NO. 396/2019 DATED9.2.2021 OF MUNSIFF COURT, PUNALUR)
APPELLANT/RESPONDENT/RESPONDENT/PETITIONER/PLAINTIFF:
HOWA BEEVI M KAGED 84 YEARSW/O LATE MUHAMMED KASIM,VILAYIL HOUSE, MANAKKATTUPUZHA, MANCODE P.O.,PATHANAPURAM, KOLLAM DISTRICT , PIN - 691559BY ADVS.MANOJ RAMASWAMYJOLIMA GEORGEJISHA SASIC.B.SABEELAAPARNA G.CHINNU ROSE MARY THOMASK.P.S.JALALUDDEEN MOHMMED
RESPONDENT/PETITIONER/APPELLANT/RESPONDENT/DEFENDANT:
NIZAMUDEEN A.S.AGED 27 YEARSS/O SHAJAHAN,VATTAKKAVIL PUTHEN VEEDU,MANCODE P.O., PATHANAPURAM, KOLLAM DISTRICT - 691559, PIN - 691559
OTHER PRESENT:
GP RENJITH T.R.THIS FIRST APPEAL FROM ORDERS HAVING COME UP FORADMISSION ON 30.12.2022, THE COURT ON THE SAME DAY DELIVEREDTHE FOLLOWING:
P.V.KUNHIKRISHNAN, J--------------------------------------- FAO No. 156 of 2022
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Dated this the 30[th] day of December, 2022
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JUDGMENT
The above appeal is filed challenging the order dated19.10.2022 in IA No. 2/2021 in CMA No. 3/2021 on the file ofthe Subordinate Judge, Punalur. As per the impugned order,the appellate court restrained the respondent in the appealfrom proceeding with the construction of the residentialbuilding on the strength of the order dated 9.2.2021 in IA No.2901/2019 in OS No. 396/2019 on the file of the Munsiff Court,Punalur till disposal of the appeal.
2. Heard the learned counsel for the petitioner.
3. After going through the impugned order, I am of theopinion that this Court need not go to the merit of the case andthere can be a direction to the appellate court to dispose theCMA itself.
Therefore, this appeal is disposed of directing theSubordinate Judge, Punalur to dispose CMA No. 3/2021 asexpeditiously as possible at any rate within one month fromthe reopening date.
Sd/-
SKS
P.V.KUNHIKRISHNAN JUDGE