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High Court of KeralaOP(C)/196/2015disposed of

Leela v. Rajan

2015-01-22Honourable Mr.Justice P.Bhavadasan4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.BHAVADASAN THURSDAY, THE 22ND DAY OF JANUARY 2015/2ND MAGHA, 1936 OP(C).No. 196 of 2015 (O) -------------------------- (I.A.NO.2020/2014 IN O.S.NO.410/2014 OF MUNSIFF'S COURT, ADOOR) -------------------- PETITIONER/PLAINTIFF:- ---------------------------------------- LEELA, AGED 64 YEARS,D/O.THANKAMMA, ODACKAKUZHIYIL HOUSE, NEDUMONKAVU, KOODAL MURI, KOODAL VILLAGE, KONNI TALUK, PATHANAMTHITTA DISTRICT.

BY ADV. SRI.C.B.SREEKUMAR RESPONDENTS/DEFENDANTS:- ---------------------------------------------------

1. RAJAN, AGED ABOUT 51 YEARS, S/O.RAGHAVAN, ODACKAKUZHIYIL HOUSE (KANAVU), NEDUMONKAVU, KOODAL MURI, KOODAL VILLAGE, KONNI TALUK, PATHANAMTHITTA DISTRICT. PIN-689 645

2. VIJAYAKUMARI,AGED ABOUT 50 YEARS, W/O.LATE RAVI, ODACKAKUZHIYIL HOUSE, NEDUMONKAVU, KOODAL MURI, KOODAL VILLAGE, KONNI TALUK, PATHANAMTHITTA DISTRICT. PIN-689 645 THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 22-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

OP(C).No. 196 of 2015 (O) ------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1.

TRUE COPY OF THE PLAINT IN O.S.NO.410 OF 2014 ON THE FILES OF MUNSIFF'S COURT, ADOOR DATED 09.10.2014.

EXHIBIT P2.

TRUE COPY OF THE INTERLOCUTORY APPLICATION DATED 09.10.2014.

EXHIBIT P3.

TRUE COPY OF THE ARGUMENT NOTE DATED 19.12.2014. RESPONDENT(S)' EXHIBITS:

NIL /TRUE COPY/ P.A.TO.JUDGE sts

P.BHAVADASAN, J.

- - - - - - - - - - - - - - - - - - - - - - - - O.P.(C) No.196 of 2015 - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd 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 to the Munsiff Court, Adoor to take up I.A.No.2020/2014 in O.S.No. 410/2014 pending before the said court and dispose it of on merits. 2.

The petitioner instituted O.S.No. 410/2014 seeking a decree of permanent mandatory injunction along with I.A.No.2020/2014 for an exparte temporary order of injunction. Apart from the fact that no such order was issued and even after the parties have entered appearance, no serious approach is made by the court below to dispose of the matter on merits.

3.

This Court is given to understand that currently the Munsiff Court Adoor is without a presiding officer and the JFCM, Adoor is put in charge of the Munsiff Court.

O.P.(C) No.196 of 2015 -2Considering the various aspects, it is felt that this petition can be disposed of with a direction to the person in charge of the Munsiff Court, Adoor to make every attempt to take up I.A.No. 2020/2014 in O.S.No. 410/2014 and dispose it of as expeditiously as possible.

Sd/- P.BHAVADASAN JUDGE ds //True copy// P.A. to Judge