High Court of KeralaOP(C)/505/2015disposed of

Badarudeen v. P.Mohan Nair

2015-02-25Honourable Mr.Justice P.Bhavadasan4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.BHAVADASAN WEDNESDAY, THE 25TH DAY OF FEBRUARY 2015/6TH PHALGUNA, 1936 OP(C).No. 505 of 2015 (O) -------------------------- IA 419/2015 IN OS 508/2014 of MUNSIFF COURT, PUNALUR ----------------- PETITIONER :

------------------ BADARUDEEN, AGED 53 YEARS, S/O.ABDUL AZEEZ, AJAZ MANSIL, VENCHEMPU P.O., KARAVALLOOR VILLAGE, KOLLAM.

BY ADV. SRI.AJAYA KUMAR. G RESPONDENTS :

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

1. P.MOHAN NAIR, AGED 54 YEARS, S/O.LATE DR.K.P.NAIR, DOCTOR SREENIDHI, PARAMESWER NAGAR, KOLLAM CORPORATION, KOLLAM DISTRICT.

2. P.V.MONCY, AGED 40 YEARS, PODIYAN, BENSY VILLA, KODUMON VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT.

THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 25-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: bp

OP(C).No. 505 of 2015 (O) -------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT-P1:

TRUE COPY OF THE PLAINT IN OS 508/2014 PENDING BEFORE THE MUNSIFF COURT, PUNALUR.

EXHIBIT-P2:

TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE SECOND DEFENDANT IN OS 508/2014.

EXHIBIT-P3:

TRUE COPY OF THE ORDER DATED 6.1.2015 IN IA 2320/2014 IN OS 508/2014.

EXHIBIT-P4:

TRUE COPY OF CMA 5/2015 PENDING BEFORE THE SUBORDINATE JUDGES COURT, KOTTARAKARA.

EXHIBIT-P5:

TRUE COPY OF IA 243/2005 IN CMA 5/2015 PENDING BEFORE THE SUBORDINATE JUDGES COURT KOTTARAKARA.

EXHIBIT-P6:

TRUE COPY OF IA 419/2015 IN OS 508/2014 PENDING BEFORE THE MUNSIFF COURT, PUNALUR.

EXHIBIT-P7:

TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER TO EXHIBIT-P6.

EXHIBIT-P8:

TRUE COPY OF THE PETITION FILED BY THE PETITIONER ON 21.2.2015 SEEKING CARBON COPY.

RESPONDENT(S)' EXHIBITS :

NIL.

--------------------------------------- //TRUE COPY// P.A. TO JUDGE bp

P.BHAVADASAN, J.

----------------------------- O.P.(C).No.505 of 2015 ----------------------------------------- Dated this the 25th day of February, 2015

JUDGMENT

In a suit for injunction the petitioner along with two others suffered an interim order of injunction. The plaintiff complaining about the violation of injunction by the defendant moved the court below vide I.A.No.419 of 2015 in O.S.No.508 of 2014 on the file of the Munsiff's Court, Punalur seeking police help for implementation of the order. That was allowed.

2. The petitioner points out that he has filed CMA. No.5 of 2015, before the Court of the Subordinate Judge of Kottarakkara, which is pending consideration against the order issuing temporary injunction against him and two others. The petitioner apprehends that under the guise of Police aid, his possession may be disturbed.

3. Whatever that be, it is for the petitioner to move the appellate court for appropriate interim relief with regard to the interim order passed by the court below.

O.P.(C).No.505 of 2015 This original petition is disposed of directing the Munsiff Court, Punalur to make available a copy of the order in I.A.No.419 of 2015 in O.S.No.508 of 2014 on priority basis within a period of one week from today.

Sd/- P.BHAVADASAN, JUDGE.

rkc.