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High Court of KeralaOP(C)/106/2015disposed of

Jasmine v. Soman

2015-01-144 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.BHAVADASAN WEDNESDAY, THE 14TH DAY OF JANUARY 2015/24TH POUSHA, 1936 OP(C).No. 106 of 2015 (O) ------------------------------------ OS 295/2014 of MUNISIFF COURT, DEVICOLAM ------------- PETITIONER(S)/PETITIONER/PLAINTIFF:

--------------------------------------------------------- JASMINE, AGED 45 YEARS, W/O.SAM MATHEW, THENGUMPILLIL HOUSE KOOTHATTUKULAM P.O., KOOTHATTUKULAM VILLAGE, MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT.

BY ADV. SRI.LATHEESH SEBASTIAN RESPONDENT(S):

------------------------ SOMAN, AGED 53 YEARS S/O.KUTTAPPAN, PLAPPILLIL HOUSE, MUKKUDIL P.O. KANTHIPPARA VILLAGE, UDUMBANCHOLA TALUK IDUKKI DISTRICT.

THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 14-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PJ

OP(C).No. 106 of 2015 (O) ------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P-1:

TRUE COPY OF THE PLAINT IN O.S.NO.295/2014 OF MUNSIFF COURT, DEVIKULAM.

EXT.P-2:

TRUE COPY OF THE I.A.NO.955/2014 IN O.S.NO.295 OF 2014 OF MUNSIFF COURT, DEVIKULAM.

EXT.P-3:

TRUE COPY OF THE ORDER OF THE LEARNED MUNSIFF DATED 20.10.2014 IN I.A.NO.955/2014 IN O.S.NO.295 OF 2014. EXT.P-4:

TRUE COPY OF THE COUNTER DATED 3.11.2014 TO EXT.P2, FILED BY THE RESPONDENT EXT.P-5:

TRUE COPY OF THE I.A.NO.67/2015 FILED BY THE PETITIONER. RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJU

P.BHAVADASAN, J.

- - - - - - - - - - - - - - - - - - - - - - - - O.P.(C) No. 106 of 2015 - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of January, 2015

J U D G M E N T

This is a petition filed under Article 227 of the Constitution of India seeking a direction from this Court for issuance of carbon copy of the order said to have been passed on 12.01.2015 dismissing the interlocutory application filed by the plaintiff.

2.

The plaintiff in the suit moved an I.A. along with the suit and obtained an exparte order of injunction. After hearing both the parties, the said order was vacated. The grievance of the petitioner is that though he has applied for a carbon copy of the order vacating the injunction, it may take some time to get the same and the complaint is that in the meanwhile, the defendant is trying to trespass into his property.

After having heard the learned counsel for the petitioner, this petition is disposed of directing the Munsiff

O.P.(C) No. 106 of 2015 -2Court, Devikulam to issue carbon copy of the order dated 12.01.2015 on the interlocutory application for injunction, as expeditiously as possible, at any rate, within a period of one week from the date of receipt of a copy of this judgment. Sd/- P.BHAVADASAN JUDGE ds //True copy// P.A. to Judge