High CourtsSingle Bench(2023) 03 KL CK 0106

Hashim Basheer vs A.I Muhaiminu Basheer

High Court Of Kerala · Decided on 10 March 2023

HON’BLE JUDGES
C.S Dias, J
RESULT
Disposed Of
CASE NUMBER
Original Petition (C) No.421 Of 2023

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Judgment

6 paragraphs · 214 words

C.S Dias,J.

1.

The original petition is filed to direct the Court of the Subordinate Judge, Cherthala, to consider and dispose of OS No.13/2019 within a time frame.

2.

Pursuant to the order dated 17.2.2023 passed by this Court, the learned Subordinate Judge, by communication dated 22.2.2023, has informed this Court that the suit is filed for partition. Even though the parties were referred for mediation, the dispute was not settled. The suit is now ripe for trial and is included in the list to 9.6.2023. The court below requires five months’ time to dispose of the suit.

3.

Heard; Sri.Jamsheed Hafiz, the learned counsel appearing for the petitioner. Even though notice has been served on the respondents, 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 Subordinate Judge, in exercise of the supervisory powers of this Court under Article 227 of the Constitution of India, I direct the Court of the Subordinate Judge, Cherthala, to consider and dispose of OS No.13/2019, in accordance with law and as expeditiously as possible, at any rate within a period of five months from the date of receipt of a certified copy of the judgment.

The original petition is ordered accordingly.