IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 6TH JUNE 2011 / 16TH JYAISHTA 1933 OP(C).No. 1746 of 2011(O) ------------------------- AGAINST THE ORDER IN IA.140/2010 IN AS.13/2010 of SUB COURT, PAYYANNUR IN OS.175/2001 of MUNSIFF COURT, THALIPARAMBA .................... PETITIONER/APPELLANT/4TH RESPONDENT/4TH DEFENDANT KAVILE VALAPPIL RASHEEDA, D/O.AMINA UMMA, AGED 40 YEARS, KOYI BAZAR, MADAYI AMSOM, PUTHIYANGADI DESOM, KANNUR TALUK, KANNUR DISTRICT. BY ADV. SRI.V.T.MADHAVANUNNI SRI.V.A.SATHEESH RESPONDENT(S):/ RESPONDENTS/PETITIONER & RESPONDENTS NOS. 1 TO 3 & 5 TO 34 / PLAINTIFF & DEFENDANTS NO.2, 3 & 5 TO 31 & LEGAL HEIRS OF 1ST DEFENDANT 1. KAVILE VALAPPIL NABEES UMMA, D/O.AMINA UMMA, AGED 50 YEARS, MADAYI AMSOM, VENGARA DESOM, KANNUR TALUK, KANNUR DISTRICT. 2. KAVILE VALAPPIL IBRAHIM, S/O.AMINA UMMA, AGED 46 YEARS, KOYI BAZAR, MADAYI AMSOM, PUTHIYANGADI DESOM, KANNUR TALUK, KANNUR DISTRICT. 3. KAVILE VALAPPIL JAMEELA, D/O.AMINA UMMA, KOYI BAZAR, MADAYI AMSOM, PUTHIYANGADI DESOM, KANNUR TALUK, KANNUR DISTRICT. OP(C).No. 1746 of 2011 4. KAKKANDI KHADEEJA, W/O.MAMMAD, AGED 62 YEARS, MATTOOL SOUTH, MATTOOL AMSOM DESOM, KANNUR TALUK, KANNUR DISTRICT. 5. KAKKANDI ASHRAF, S/O.MAMMAD, AGED 32 YEARS, MATTOOL SOUTH, MATTOOL AMSOM DESOM, KANNUR TALUK, KANNUR DISTRICT. 6. KAKKANDI HANEEFA, S/O.MAMMAD, AGED 30 YEARS, MATTOOL SOUTH, MATTOOL AMSOM DESOM, KANNUR TALUK, KANNUR DISTRICT. 7. KAKKANDI YOUSUF, S/O.MAMMAD, AGED 28 YEARS, MATTOOL SOUTH, MATTOOL AMSOM DESOM, KANNUR TALUK, KANNUR DISTRICT. 8. KAKKANDI AMEER, S/O.MAMMAD, AGED 26 YEARS, MATTOOL SOUTH, MATTOOL AMSOM DESOM, KANNUR TALUK, KANNUR DISTRICT. 9. KAKKANDI FOUSIYA, D/O.MAMMAD, AGED 22 YEARS, MATTOOL SOUTH, MATTOOL AMSOM DESOM, KANNUR TALUK, KANNUR DISTRICT. 10. BACHI SULAIMANTAKATH SUBAIDA UMMA, W/O.ABDULLA, AGED 57 YEARS, NEAR PRATHIBHA TALKIES, PAYANGADI, MADAYI AMSOM DESOM, KANNUR TALUK, KANNUR DISTRICT. 11. SALMA, D/O.ABDULLA, AGED 34 YEARS, NEAR PRATHIBHA TALKIES, PAYANGADI, MADAYI AMSOM DESOM, KANNUR TALUK, KANNUR DISTRICT. 12. JALEEL, S/O.ABDULLA, AGED 32 YEARS, NEAR PRATHIBHA TALKIES, PAYANGADI, MADAYI AMSOM DESOM, KANNUR TALUK, KANNUR DISTRICT. 13. NAZEERA, D/O.ABDULLA, AGED 30 YEARS, NEAR PRATHIBHA TALKIES, PAYANGADI, MADAYI AMSOM DESOM, KANNUR TALUK, KANNUR DISTRICT. 14. RASHEEDA, D/O.ABDULLA, AGED 26 YEARS, NEAR PRATHIBHA TALKIES, PAYANGADI, MADAYI AMSOM DESOM, KANNUR TALUK, KANNUR DISTRICT. OP(C).No. 1746 of 2011 15. NAJIMA, D/O.ABDULLA, AGED 24 YEARS, NEAR PRATHIBHA TALKIES, PAYANGADI, MADAYI AMSOM DESOM, KANNUR TALUK, KANNUR DISTRICT. 16. SAIDU, S/O.ABDULLA, AGED 24 YEARS, NEAR PRATHIBHA TALKIES, PAYANGADI, MADAYI AMSOM DESOM, KANNUR TALUK, KANNUR DISTRICT. 17. LATHEEFA, D/O.ABDULLA, AGED 20 YEARS, NEAR PRATHIBHA TALKIES, PAYANGADI, MADAYI AMSOM DESOM, KANNUR TALUK, KANNUR DISTRICT. 18. KAVILE VALAPPIL YOUSUF, S/O.PATHUMMA, AGED 44 YEARS, MADAYI AMSOM, PUTHIYANGADI DESOM, KANNUR TALUK, KANNUR DISTRICT. 19. RAFI, S/O.PATHUMMA, AGED 42 YEARS, MADAYI AMSOM, PUTHIYANGADI DESOM, KANNUR TALUK, KANNUR DISTRICT. 20. NAZAR, S/O.PATHUMMAS, AGED 40 YEARS, MADAYI AMSOM PUTHIYANGADI DESOM, KANNUR TALUK, KANNUR DISTRICT. 21. SUHARA, D/O.PATHUMMA, AGED 38 YEARS, MADAYI AMSOM PUTHIYANGADI DESOM, KANNUR TALUK, KANNUR DISTRICT. 22. RAMLA, D/O.PATHUMMA, AGED 36 YEARS, MADAYI AMSOM PUTHIYANGADI DESOM, KANNUR TALUK, KANNUR DISTRICT. 23. MAHABOOB, S/O.PATHUMMA, AGED 33 YEARS, MADAYI AMSOM PUTHIYANGADI DESOM, KANNUR TALUK, KANNUR DISTRICT. 24. SHOUKKATHALI, S/O.PATHUMMA, AGED 31 YEARS, MADAYI AMSOM PUTHIYANGADI DESOM, KANNUR TALUK, KANNUR DISTRICT. 25. ARIF, S/O.PATHUMMA, AGED 28 YEARS, MADAYI AMSOM PUTHIYANGADI DESOM, KANNUR TALUK, KANNUR DISTRICT. OP(C).No. 1746 of 2011 26. UMAIB, S/O.PATHUMMA, AGED 24 YEARS, MADAYI AMSOM PUTHIYANGADI DESOM, KANNUR TALUK, KANNUR DISTRICT. 27. SAIDU, S/O.PATHUMMA, AGED 24 YEARS, MADAYI AMSOM PUTHIYANGADI DESOM, KANNUR TALUK, KANNUR DISTRICT. 28. FAIZAL, S/O.PATHUMMA, AGED 23 YEARS, MADAYI AMSOM PUTHIYANGADI DESOM, KANNUR TALUK, KANNUR DISTRICT. 29. HASEENA, D/O.PATHUMMA, AGED 22 YEARS, MADAYI AMSOM PUTHIYANGADI DESOM, KANNUR TALUK, KANNUR DISTRICT. 30. ALI, S/O.PATHUMMA, AGED 20 YEARS, MADAYI AMSOM PUTHIYANGADI DESOM, KANNUR TALUK, KANNUR DISTRICT. 31. NORIYAMMADATH MARIYAM, W/O.KHADER, AGED 61 YEARS, MADAYI AMSOM PUTHIYANGADI DESOM, KANNUR TALUK, KANNUR DISTRICT. 32. SAMEERA, D/O.KHADER, AGED 31 YEARS, NORIYAMMADATH HOUSE, MADAYI AMSOM PUTHIYANGADI DESOM, KANNUR TALUK, KANNUR DISTRICT. 33. SHAREEFA, D/O.KHADER, AGED 26 YEARS, NORIYAMMADATH HOUSE, MADAYI AMSOM PUTHIYANGADI DESOM, KANNUR TALUK, KANNUR DISTRICT. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 06/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: dmb K.T.SANKARAN, J. ------------------------------ O.P(C)No.1746 OF 2011 ------------------------------ Dated this the 6th day of June, 2011 JUDGMENT Against the final decree passed in O.S.No.175 of 2001 on the file of the Court of the Munsiff Court, Taliparamba, the petitioner filed A.S.No.13 of 2010 on the file of the Sub Court, Payyannur. A delay of 525 days occurred in filing the appeal. The petitioner filed I.A.No.140 of 2010 to condone the delay in filing the appeal. It is stated that the petitioner also filed I.A.No.141 of 2010 for stay of all further proceedings pursuant to the final decree. 2. The grievance of the petitioner is that though the application for condonation of delay was filed in 2010, the same has not been disposed of. At the same time, Execution Proceedings are continued. The petitioner states that he is residing in the house over which he has claimed reservation and he apprehends delivery of the said property in execution. O.P(C)No.1746 OF 2011 2 3. The registry was directed to get a report from the Sub Court, Payyannur as to whether I.A.140 of 2010 in A.S.No.13 of 2010 is ripe for hearing. It is reported that the application is posted for evidence to 18.7.2011. 4. The petitioner has prayed for a direction of early disposal of I.A.No.140 of 2010. Since the application is posted for evidence to 18.7.2011, no further direction is required. If an early hearing before 18.7.2011 is possible, the petitioner would be entitled to file an application before the court below for advancing the hearing of the application. The further prayer to keep in abeyance the Execution Proceedings cannot be granted in this Original Petition. With the above directions, the Original Petition is disposed of. K.T.SANKARAN, JUDGE. cms