High Court Kerala High Court

Mankada Saidalavi vs Mankada Hussain on 6 January, 2011

Kerala High Court
Mankada Saidalavi vs Mankada Hussain on 6 January, 2011
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP(C).No. 37 of 2011(O)


1. MANKADA SAIDALAVI, S/O.KUTTY HAJI
                      ...  Petitioner

                        Vs



1. MANKADA HUSSAIN,S/O.MOHAMMED HAJI,
                       ...       Respondent

2. JAMSHEELA, D/O.KOPPILAN MOHAMMED,

3. MANKADA MOOSA, S/O.MOHAMMED HAJI,

4. AHAMMEDKUTTY, S/O.MOHAMMED HAJI,

5. MANKADA MAMMUDU,S/O.MOHAMMED HAJI,

6. MANKADA MAMMUDU,S/O.MOHAMMED HAJI,

7. PATHUMMU, D/O. MOHAMMED HAJI,

                For Petitioner  :SRI.C.M.MOHAMMED IQUABAL

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :06/01/2011

 O R D E R
                          K.T.SANKARAN, J.
             ------------------------------------------------------
                    O.P.(C). NO. 37 OF 2011 O
             ------------------------------------------------------
             Dated this the 6th day of January, 2011


                                 O R D E R

The petitioner filed O.S.No.47 of 2009 before the Sub Court,

Tirur against the respondents. Some of the respondents filed

O.S.No.1 of 2010, Sub Court, Tirur, which was originally filed before

the Munsiff’s Court, Parappanangadi. O.S.No.2 of 2010 was filed by

one Koonari Marakkar against the respondents. All the aforesaid

three suits were tried together by the Sub Court and the suits were

disposed of by the judgment and decree dated 30.10.2010. The Sub

Court dismissed O.S.Nos.47 of 2009 and 2 of 2010 and decreed

O.S.No.1 of 2010.

2. Against the dismissal of O.S.No.47 of 2009, the petitioner

filed A.S.No.89 of 2010 before the District Court, Manjeri. In that

appeal, the petitioner filed I.A.No.1161 of 2010 for temporary

injunction. Against the decree in O.S.No.1 of 2010, the petitioner

filed A.S.No.87 of 2010 before the District Court, Manjeri. In that

appeal, he filed I.A.No.1160 of 2010 for stay.

O.P.(C) NO.37 OF 2011 O

:: 2 ::

3. The grievance of the petitioner is that though interlocutory

applications were filed in the appeals referred to above, the District

Court did not dispose of those applications after hearing the parties.

The reliefs prayed for in the Original Petition are the following:

“a) Issue a direction to the District Judge Manjeri to

hear and depose Ext.P7 and P9 interlocutory

applications within a time stipulated by this

Hon’ble Court.

b) Issue a direction to maintain status quo of the

disputed pathway by both parties till disposal of

Ext.P6 and P8 appeals pending before the District

Court, Manjeri.

c) Issue a direction staying the operation of Ext.P5

judgment till disposal of Exts.P6 and P8 appeals

pending before the District Court, Manjeri. and

d) Pass any other appropriate order or direction

which this Hon’ble Court may deem fit to issue

and the petitioner may pray from time to time.”

4. Heard the learned counsel for the petitioner and the

learned counsel for respondents 1 to 3. In the manner in which I

O.P.(C) NO.37 OF 2011 O

:: 3 ::

propose to dispose of the Original Petition, it is not necessary to

issue notice to the other respondents.

In the facts and circumstances of the case, the Original

Petition is disposed of as follows: The learned District Judge,

Manjeri shall hear and dispose of I.A.No.1161 of 2010 in A.S.No.89

of 2010 and I.A.No.1160 of 2010 in A.S.No.87 of 2010, as

expeditiously as possible and, at any rate, within a period of one

month from the date of receipt of a copy of the judgment. It is not

proper to consider at this stage the question whether status quo

should be directed to be maintained till the matter is considered by

the District Court. That prayer has to be considered by the learned

District Judge. Likewise, the question whether stay should be

granted in respect of the decree in O.S.No.1 of 2010 is also a matter

to be considered by the learned District Judge after hearing all the

affected parties.

(K.T.SANKARAN)
Judge

ahz/