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High Court of KeralaOP(C)/744/2015disposed of

Rasiya v. Sharafudeen

2015-03-194 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD THURSDAY, THE 19TH DAY OF MARCH 2015/28TH PHALGUNA, 1936 OP(C).No. 744 of 2015 (O) -------------------------- I.A.NO.1096/2014 IN IN O.S.NO. 174/2014 of MUNSIFF COURT,VARKALA PETITIONER(S)/1ST PLAINTIFF:

-------------------------- RASIYA, AGED 57 YEARS, W/O.ABDUL JALEEL, 518, MUTTIYANVILA, EDAVA VILLAGE.

BY ADV. SRI.R.T.PRADEEP RESPONDENT(S)/DEFENDANTS & 2ND PLAINTIFF:

---------------------------- 1.

SHARAFUDEEN, AGED 69 YEARS, S/O.M.H.MOHAMMED KUNJU, CHEKKALA VEEDU, EDAVA VILLAGE-695311.

2.

SPPHIA, W/O.SHARAFUDEEN, MUTTIYANVILAM, EDAVA VILLAGE-695311.

3.

LAILA, D/O.M.P.ABDUL KAREEM, PERUTHAVILAKOM EDAVA VILLAGE-695311.

4.

HILAL, S/O.MOOSA KUNJU, VILAYIL, MANTHARA EDAVA VILLAGE-695311.

5.

JAHANGHEER, S/O.MOHAMMED ISMAIL, PERUTHAVILAKOM EDAVA VILLAGE-695311.

6.

BASHEER, S/O.ABDUL KHADAR, MATHIRA HOUSE, KAYALPURAM, EDAVA VILLAGE-695311.

7.

BIJILI, S/O.ABDUL AZIZ, KOLLAMVILAKOM, EDAVA VILLAGE-695311. 8.

AZIL JALEEL, S/O.ABDUL JALEEL, KUTTIYANVILA, EDAVA VILLAGE-695311.

THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 19-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

OP(C0 NO.744/2015 APPENDIX PETITIONER'S EXHIBITS:

EXT.P1 TRUE COPY OF PLAINT DATED 27.3.2014 IN OS NO.174/2014 BEFORE THE MUNSIFF COURT, VARKALA EXT.P2 TRUE COPY OF IA NO.1096/2014 DATED 27.3.2014 IN OS NO.174/2014 BEFORE THE MUNSIFF COURT, VARKALA RESPONDENTS' EXHIBITS:

NIL //TRUE COPY//

A.HARIPRASAD, J.

-------------------------------------- O.P.(C) No.744 of 2015 -------------------------------------- Dated this the 19th day of March, 2015

JUDGMENT

Petition under Article 227 of the Constitution of India. 2.

The 1st plaintiff in O.S.No.174 of 2014 pending before the Munsiff Court, Varkala is the petitioner. The suit is one for restraining the defendants from evicting the petitioner by force from the plaint schedule building without taking a legal process. Grievance of the petitioner is that the application for temporary injunction filed as I.A.No.1096 of 2014 has not been considered by the court below so far. It is submitted that only defendants 1 and 3 remained to be served and all other defendants are served in the application. The apprehension of the petitioner is that during the summer vacation, the defendants may eject him from the plaint schedule building by force. Hence the petitioner requests for an early disposal of the injunction application.

Considering the nature of contentions raised by the petitioner, I am of the view that no notice is required in this case to the respondents and the petition can be disposed of with the following directions.

OP(C) No.744/2015 Learned Munsiff, Varkala is directed to consider the injunction application, I.A.No.1096 of 2014 in O.S.No.174 of 2014, which stands posted on 21.03.2015, before the closure of the civil courts on vacation. A. HARIPRASAD, JUDGE.

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