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Geetha vs Jameela

High Court Of Kerala|06 November, 2014
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JUDGMENT / ORDER

This original petition is filed under Article 227 of the Constitution of India seeking the following relief: i) To direct the learned Munsiff's Court, Ottapalam to dispose of O.S.No.370/2013 on its file within such short time as this Hon'ble Court may deem fit to grant.
2. At the time when the matter was taken up for hearing, this Court enquired with the petitioner as to the present stage of the suit. Learned counsel for the petitioner submitted that service of notice itself is not complete. However, petitioner's counsel pointed out that I.A.No.2717/2013 is pending before the court below in which an ex parte order has been granted. It is pointed out that initially the petitioner was not made as party to the I.A and she has filed an impleading petition and got herself impleaded in the proceedings. She has filed objection to the said I.A.
O.P.(C) No.2548/2014 2
3. According to the petitioner, the property belongs to her and suppressing the material facts, I.A has been filed and order has been obtained. Learned counsel for the petitioner pointed out that this original petition may be disposed of directing the court below to make an attempt to dispose of the suit. There may be a direction to take up the I.A and dispose of the same on merits within a time frame fixed by this Court.
4. In the light of the limited prayer made in this petition, it is felt that notice to the respondents is unnecessary.
This original petition is disposed of directing the court below to attempt to make all efforts to dispose of the suit as early as possible. However, there will be a direction to the court below to take up I.A.No.2717/2013 and dispose of it on merits at the earliest, after hearing both sides, at any rate, within a period of two months from the date of receipt of a copy of this judgment.
Sd/-
P.BHAVADASAN JUDGE smp
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Title

Geetha vs Jameela

Court

High Court Of Kerala

JudgmentDate
06 November, 2014
Judges
  • P Bhavadasan
Advocates
  • Sri Santheep Ankarath
  • Sri
  • Y Jafar Khan