← Library
High Court of KeralaOP(C)/325/2015disposed of

Kunnummal Ahamedkkuty Haji v. Paruthikunnan Thahir

2015-02-05Honourable Mr.Justice P.Bhavadasan4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.BHAVADASAN THURSDAY, THE 5TH DAY OF FEBRUARY 2015/16TH MAGHA, 1936 OP(C).No. 325 of 2015 (O) ------------------------------------ IA.1316/2014 IN OS 112/2011 of MUNSIFF COURT, PARAPPANANGADI -------------- PETITIONER(S)/PLAINTIFF:-:

------------------------------------- KUNNUMMAL AHAMEDKKUTY HAJI, S/O.KUTTY HASSAN, KUNNUMMAL HOUSE MOONNIYOOR AMSOM DESOM, CHUZHALI P.O.

TIRURANGADI TALUK, MALAPPURAM DISTRICT.

BY ADV. SRI.JAMSHEED HAFIZ RESPONDENT(S)/APPELLANT AND 1ST RESPONDENT:-: ------------------------------------------------------------------------------

1. PARUTHIKUNNAN THAHIR, S/O.BEERANKUTTY, PARUTHIKUNNAN HOUSE ULLALAM AMSOM DESOM, PALATHINGAL P.O., PIN - 676 306 TIRURANGADI TALUK, MALAPPURAM DISTRICT.

2. THE SECRETARY, PARAPPANANGADI GRAMA PANCHAYATH, PARAPPANANGADI P.O. PIN - 676 303.

3. THE PARAPPPANANGADI GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, PARAPPANANGADI P.O. PIN - 676 303, MALAPPURAM DISTRICT.

THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 05-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PJ

OP(C).No. 325 of 2015 (O) ------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1.

A TRUE COPY OF THE PLAINT IN O.S.112/2011 BEFORE THE MUNSIFF COURT PARAPPANANGADI DATED 28.05.2011.

EXHIBIT P2.

A TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER FOR TEMPORARY INJUNCTION, I.A.1316/2014 IN O.S.112/2011 BEFORE THE MUNSIFF COURT PARAPPANANGADI DATED 12.06.2014. RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

P.BHAVADASAN, J.

- - - - - - - - - - - - - - - - - - - - - - - - O.P.(C) No. 325 of 2015 - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 05th day of February, 2015

J U D G M E N T

The limited prayer made in this original petition is for a direction to the court below to take up and dispose of Ext.P2 application i.e. I.A.No. 1316/2014 in O.S.No. 112/2011 as expeditiously as possible.

2.

The petitioner points out that in the suit he was constrained to file an interlocutory application in the light of fact that the defendants were engaging in construction which is detrimental to the petitioner. Under such circumstances, he had no option but to seek appropriate order from the court. Even though it was filed as early as in January, 2014, no orders have been passed in the petition. The petitioner says that he will be put to irreparable loss and injuries due to the non action on the part of the court below. 3.

In the nature of the order that is proposed to be passed and since no right of the respondents is prejudicially

O.P.(C) No. 325 of 2015 -2affected, it is felt that notice to the respondent is unnecessary.

This petition is disposed of directing the Munsiff Court, Paranppanangadi to take up I.A.No. 1316/2014 in O.S.No. 112/2011 and dispose it of as expeditiously as possible, after hearing both the parties, at any rate, within a period of two months from the date of receipt of a copy of this judgment. Sd/- P.BHAVADASAN JUDGE ds //True copy// P.A. to Judge