Aizha Salahudeen vs Safara Beevi on 3 December, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 33168 of 2009(O)


1. AIZHA SALAHUDEEN, AGED 46 YEARS,
                      ...  Petitioner

                        Vs



1. SAFARA BEEVI, AGED 51 YEARS,
                       ...       Respondent

                For Petitioner  :SRI.S.RAJEEV

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.S.SATHEESACHANDRAN

 Dated :03/12/2009

 O R D E R
                   S.S.SATHEESACHANDRAN, J.
                  ----------------------------------------
                    W.P.(C).No.33168 OF 2009
                      --------------------------------
          Dated this the 3rd day of December 2009
          ----------------------------------------------------------

                               JUDGMENT

Petitioner is the decree holder/plaintiff in

O.S No.231 of 1999 on the file of Munsiff Court, Haripad.

Suit was one for specific performance of a contract over the

plaint schedule property. Suit was decreed in favour of the

plaintiff. Pursuant to the decree, on receipt of the balance

sale consideration, a sale deed was executed in favour of

the decree holder. When he proceeded for delivery of the

property, that being obstructed to by a stranger, an

application was filed for removal of that obstruction. The

learned Munsiff after conducting inquiry allowed that

application. That order has been challenged by the

respondent/obstructer filing an appeal as A.S No. 1190 of

2009 before the Additional District Court II, Mavelikkara.

The limited relief canvassed by the petitioner in the writ

petition is for issue of a writ/direction/order to the Additional

District Judge before whom the appeal is pending for its

expeditious disposal.

W.P.(C).No.33168 OF 2009 Page numbers

2. Having regard to the relief canvassed, a report

was called for from the learned District Judge. It is reported

that service is complete and that the appeal can be disposed

of at an early date. Considering the submissions made and

taking note of the report, the learned Additional District

Judge is directed to hear and dispose the appeal as

expeditiously as possible at any rate before the closing of

the courts for mid summer vacation in 2010. Subject to the

above observations, the writ petition is disposed.

Sd/-

                                     S.S.SATHEESACHANDRAN,
                                             JUDGE
                   //TRUE COPY//


vdv                                        P.A TO JUDGE