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High Court of KeralaOP(C)/38/2015disposed of

Gopalakrishnan Pillai v. Mohanan Pillai

2015-01-08Honourable Mr.Justice P.Bhavadasan4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.BHAVADASAN THURSDAY, THE 8TH DAY OF JANUARY 2015/18TH POUSHA, 1936 OP(C).No. 38 of 2015 (O) ----------------------------------- I.A.NO.1043 OF 2014 IN O.S.NO. 202/2013 OF MUNSIFF COURT, PARAVUR, KOLLAM ----------- PETITIONER(S)/SECOND PLAINTIFF :

------------------------------------------------------ GOPALAKRISHNA PILLAI, AGED 68 YEARS, SON OF NARAYANA PILLAI, RESIDING AT G.S.NIVAS, PUTHENKULAM P.O., KULATHOORKONAM CHERRY, SECRETARY, NARANATHU SRI BHADRAKALI DEVI TEMPLE, PIN - 691 302. BY ADVS.SRI.JOHNSON GOMEZ SRI.S.BIJU (KIZHAKKANELA) RESPONDENT(S)/DEFENDANTS :

--------------------------------------------------

1. MOHANAN PILLAI, AGED 65 YEARS, SON OF CHELLAPPAN PILLAI, BUSINESS, CHELLAPPAN PILLAI, RESIDING AT PLAMOOTTIL, SHARANYA HOUSE, PUTHENKULAM P.O., CHIRAKKARA KULATHOORKONAM CHERRY, PARIPPALLY VILLAGE, KOLLAM TALUK, KOLLAM DISTRICT, PIN - 691 302.

2. VASUDEVANPILLAI, AGED 75 YEARS, SON OF PAPPUPILLAI, BUSINESS, CHELLAPPAN PILLAI, RESIDING AT NARAYANATHU PUTHEN VEEDU, PUTHENKULAM P.O., CHIRAKKARA KULATHOORKONAM CHERRY, CHIRAKKARA VILLAGE, KOLLAM TALUK, KOLLAM DISTRICT, PIN - 691 302. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 08-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Msd.

OP(C).No. 38 of 2015 (O) ----------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1:

A TRUE COPY OF THE PLAINT IN OS NO.202 OF 2013 FILED BY THE PETITIONER BEFORE THE MUNSIFF COURT, PARAVUR. EXHIBIT P2:

A TRUE COPY OF IA NO.1043 OF 2014 IN OS NO.202 OF 2013 BEFORE THE MUNSIFF COURT, PARAVUR FILED BY THE PETITIONER. EXHIBIT P3:

A TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE RESPONDENTS TO IA NO.1043 OF 2014 IN OS NO.202 OF 2013 BEFORE THE MUNSIFF COURT, PARAVUR.

RESPONDENT(S)' EXHIBITS ----------------------------------------- NIL //TRUE COPY// P.S.TO JUDGE.

Msd.

P. BHAVADASAN, J.

- - - - - - - - - - - - - - - - - - - - - - O.P.(C). No. 38 of 2015 - - - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of January, 2015.

JUDGMENT

The limited prayer in this petition is for a direction to the court below to dispose of I.A. No.1043 of 2014 in O.S. No. 202 of 2013 pending before the Munsiff's Court, Paravur.

2. The grievance of the petitioner is that in the suit filed by him, he had filed an interlocutory application as I.A. 1043 of 2014 for interim injunction and that has been adjourned from time to time and no orders have been passed. Now this Court is given to understand that the petition has been heard on 7.1.2015 and posted for orders without mentioning the date. The grievance of the petitioner is that the temple festival is scheduled to be held on 31.1.2015 and if no orders are passed on the application made mention of above, it will cause irreparable loss and injury to the petitioner.

O.P.(C).38/2015.

3. In the light of the order that is proposed to be passed in this petition, notice to the respondents appears to be unnecessary.

In the result, this Original Petition is disposed of directing the Munsiff's Court, Paravur to pass orders on I.A. 1043 of 2014 in O.S. No. 202 of 2013 on merits on or before 23.01.2015.

P. BHAVADASAN, JUDGE sb.