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MOHAMMED ASHRAF, AGED 55 YEARS versus THAHA HUSSAIN, S/O. KOYAKUTTY

High Court of Kerala

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MOHAMMED ASHRAF, AGED 55 YEARS v. THAHA HUSSAIN, S/O. KOYAKUTTY - WP(C) No. 1865 of 2007(V) [2007] RD-KL 3141 (12 February 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 1865 of 2007(V)

1. MOHAMMED ASHRAF, AGED 55 YEARS,
... Petitioner

Vs

1. THAHA HUSSAIN, S/O. KOYAKUTTY,
... Respondent

2. DISTRICT SURVEY SUPERINTENDENT,

For Petitioner :SRI.PHILIP M.VARUGHESE

For Respondent : No Appearance

The Hon'ble MR. Justice K.P.BALACHANDRAN

Dated :12/02/2007

O R D E R

K.P.BALACHANDRAN, J.


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W.P.(C)NO.1865 OF 2007
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Dated this the 12th day of February 2007



JUDGMENT

Counsel for the petitioner submits that he does not want to have the relief prayed for in the writ petition and that it is enough that a direction is given to dispose of the case at the earliest to the Munsiff, Kollam where O.S.503/06 is pending. Petitioner is the defendant in the said suit. It is submitted that a written statement has been filed by the petitioner who is the only defendant in the suit and a Commission has to be taken up for measurement of the property. The first prayer in this writ petition is for a direction being given to the Munsiff, Kollam to dispose of Ext.P1 suit within a time limit to be fixed by this court. No time limit can be fixed as in the instant case it is submitted that a Commission has to be taken for surveying the property. The only direction that can be issued is to dispose of the case as early as possible. The Musiff shall dispose of the case as early as possible avoiding all possible delays. This writ petition is disposed of with the above direction.

K.P.BALACHANDRAN, JUDGE

jes


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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