Madhavan v. Parimalam

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW MONDAY, THE 5TH DAY OF OCTOBER 2015/13TH ASWINA, 1937 OP(C).No. 2391 of 2015 (O) --------------------------- CMA. NO.18/2015 OF SUB COURT, CHAVAKKAD.

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PETITIONER(S):

-------------------------- MADHAVAN, S/O.KATTISSERY AYYAPPANKUTTY, VAILATHUR AMSOM, NJAMANANGAD DESOM, CHAVAKKAD TALUK.

BY ADV. SMT.K.NANDINI.

RESPONDENT(S):

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1. PARIMALAM, W/O.THAYYIL VELAYUDHAN, VAILATHUR AMSOM, NJAMANANGAD DESOM, CHAVAKKAD TALUK, PIN-680 506.

2. RADHAKRISHNAN, S/O.THAYYIL NARAYANAN, VAILATHUR AMSOM, NJAMANANGAD DESOM, CHAVAKKAD TALUK, PIN-680 506.

3. PAVANAN, S/O.THAYYIL NARAYANAN, VAILATHUR AMSOM, NJAMANANGAD DESOM, CHAVAKKAD TALUK, PIN-680 506.

4. VELAYUDHAN, S/O.THAYYIL NARAYANAN, VAILATHUR AMSOM, NJAMANANGAD DESOM, CHAVAKKAD TALUK, PIN-680 506.

THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 05-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs.

OP(C).No. 2391 of 2015 (O) APPENDIX PETITIONER'S EXHIBITS:- EXT.P1 COPY OF THE I.A. NO.5049/2012 IN O.S. NO.1059/2012 FILED BY THE PETITIONER BEFORE THE MUNSIFF COURT, CHAVAKKAD DATED 08/10/2012.

EXT.P2 COPY OF THE ORDER IN I.A. NO.5049/2012 IN O.S. NO.1059/2012 PASSED BY THE MUNSIFF COURT, CHAVAKKAD DATED 11/10/2012. EXT.P3 COPY OF THE ORDER DATED 03/06/2015 IN OP(C) NO.2193/2014. EXT.P4 COPY OF THE ORDER OF THE MUNSIFF, CHAVAKKAD DATED 16/07/2015 IN I.A. NO.4761/2014 IN O.S. NO.1059/2012. EXT.P5 COPY OF THE CMA NO.18/2015 DATED 10/08/2015 BEFORE THE SUB COURT, CHAVAKKAD.

RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY// P.S. TO JUDGE rs.

K. ABRAHAM MATHEW, J.

- - - - - - - - - - - - - - - - - - - - - - - O.P.(C). No. 2391 of 2015 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of October, 2015

J U D G M E N T

Petitioner is the plaintiff in O.S.No.1059 of 2012 on the file of Sub Judge, Chavakkad. He has obtained a temporary injunction order in his favour. This is challenged in CMA.No.18 of 2015 on the file of Sub Judge, Chavakkad. His grievance is that the CMA has not been disposed of so far. The request is to direct the Sub Judge to dispose it of without delay.

2.

Heard.

3.

The petitioner is aged 80 years. His only request is to dispose of CMA expeditiously. I think the request is reasonable. Though the CMA is a new one the learned Sub Judge shall try to dispose it of within three months. In the result, this O.P is allowed. The learned Sub Judge is directed to dispose of CMA within three months from receipt or production of a copy of this judgment. sd/- K. ABRAHAM MATHEW JUDGE R.AV //True Copy// PA to Judge