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High Court of KeralaOP(C)/2244/2015disposed of

Madai Thiruvarkattukavu Devaswam v. B.Thayyiba

2015-09-18Honourable Mr. Justice K.Abraham Mathew4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW FRIDAY, THE 18TH DAY OF SEPTEMBER 2015/27TH BHADRA, 1937 OP(C).No. 2244 of 2015 (O) --------------------------- AGAINST THE ORDER/JUDGMENT IN O.S.NO.42/2014 OF SUB COURT, PAYYANNUR PETITIONER(S):

-------------------------- MADAI THIRUVARKATTUKAVU DEVASWAM REPRESENTED BY ITS EXECUTIVE OFFICER CHIRAKKAL KOVILAKAM DEVASWAMS OFFICE, PO.CHIRAKKAL KANNUR DISTRICT BY ADV. SRI.MAHESH V RAMAKRISHNAN RESPONDENT(S):

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

1. B.THAYYIBA, AGED 71 YEARS W/.LATE A.ALIKKKUTTY

2. B.ASHRAF ALI, AGED 53 YEARS

3. B.SALMA RASHEED, AGED 48 YEARS

4. B.AQTHAR ALI, AGED 46 YEARS ALL ARE RESIDING AT ERIPURAM MADAYI AMSOM AND DESOM 670304, KANNUR DISTRICT THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 18-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

OP(C).No. 2244 of 2015 (O) APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT-P1:TRUE COPY OF THE PLAINT DATED 16.10.2014 FILED BY THE PETITIONER HEREIN IN OS.NO.42/2014 ON THE FILE OF THE SUB COURT, PAYYANNUR.

EXHIBIT-P2:TRUE COPY OF THE IA.NO.1375/2014 IN OS.NO.42/2014. EXHIBIT-P3:TRUE COPY OF THE COUNTER STATEMENT DATED 18.12.2014 FILED BY THE RESPONDENTS IN IA.NO.1375/2014.

EXHIBIT-P4:TRUE COPY OF THE REPORT DATED 30.10.2014 OF THE ADVOCATE COMMISSIONER RESPONDENT(S)' EXHIBITS NIL --------------------------------------- R.AV //TRUE COPY// PA TO JUDGE

K. ABRAHAM MATHEW, J.

- - - - - - - - - - - - - - - - - - - - - - - O.P.(C)No.2244 of 2015 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of September, 2015

J U D G M E N T

petitioner is the plaintiff in O.S.No.42 of 2014 on the file of Sub Judge, Payyannur. The suit is for a perpetual injunction; along with the plaint he filed IA.No.37 of 2014 for a temporary prohibitory injunction. The grievance is that the learned Sub Judge has not disposed it of and the respondents/defendants are doing construction work in the property. The prayer is to grant an injunction restraining the construction and for a direction to the learned Sub Judge to dispose of Ext.P2 application, IA.No.1375 of 2014.

2.

Heard the learned counsel for the petitioner. 3.

I am fully satisfied that the learned Sub Judge should have disposed of IA.No.1375 of 2014 immediately after the appearance of the respondents/defendants. The reasons for not disposing it of are not known. But it is not proper for this court to grant the injunction prayed for. A direction will be issued to the Sub Judge to dispose of

O.P.(C)No.2244 of 2015 IA.No.1375 of 2014 at least within 15 days from the date of receipt or production of a copy of this judgment. In the result, this O.P. is disposed of with a direction to the learned Sub Judge to dispose of Ext.P2 I.A.No.1375 of 2014 within 15 days from the date of receipt or production of a copy of this judgment.

sd/- K. ABRAHAM MATHEW JUDGE R.AV //True Copy// PA to Judge