IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
THURSDAY, THE 07TH DAY OF JANUARY 2021 / 17TH POUSHA, 1942
OP(C).No.1860 OF 2020
AGAINST THE ORDER IN OS 92/2011 OF II ADDITIONAL SUB
COURT,ERNAKULAM
PETITIONERS:
1 T.V.SASIKALA, AGED 63 YEARS
W/O.P.P.VISHNUDAS, SHANKARA NILAYAM, THYEKKEKOYIKKAL,
NEAR CHEPPANAM BUND, PANANGADU P.O., ERNAKULAM
DISTRICT-682506.
2 P.P.VISHNUDAS, AGED 63 YEARS
S/O.P.V.PURUSHOTHAMAN, SHANKARA NILAYAM,
THYEKKEKOYIKKAL, NEAR CHEPPANAM BUND, PANANGADU P.O.,
ERNAKULAM DISTRICT-682506.
BY ADV. SRI.J.JAYAKUMAR
RESPONDENT:
C.P.JOSEPH, S/O.PERU, CHEMBAKASSERY, CHEPPANAM,
PANANGADU P.O., ERNAKULAM DISTRICT-682506.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 07.01.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C).No.1860 OF 2020
2
Sathish Ninan, J.
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O.P.(C) No.1860 of 2020
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Dated this the 07th day of January, 2021
JUDGMENT
The Advocate Commissioner was appointed without hearing the petitioners - defendants, laments the petitioners.
2. Commission was also sought to be issued at the instance of the plaintiff, to ascertain the alleged acts of violation of the order of interim injunction committed by the defendants.
3. Appointment of an Advocate Commissioner for ascertaining the alleged acts of violation is justified. The order appointing the Commissioner need not be set aside for the sole reason that the petitioners were not heard. The interests of the petitioners could be adequately safeguarded by granting them liberty to file a work memo before the Advocate Commissioner, pointing out the matters OP(C).No.1860 OF 2020 3 which they may require to be ascertained from their side. The Advocate Commissioner shall ascertain the matters as may be so sought for by the defendants, in addition to the matters sought for by the plaintiff.
With the above directions the original petition is disposed of.
Sd/-
Sathish Ninan, Judge vdv OP(C).No.1860 OF 2020 4 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE JUDGMENT DATED 11.01.2017 IN OP(C)NO.2030/2015 OF THIS HON'BLE COURT.
EXHIBIT P2 TRUE COPY OF THE ORDER DATED 11.12.2017 IN I.A.NO.5155/2017 IN O.S.NO.92/2011 OF II ADDL.SUB COURT, ERNAKULAM.
EXHIBIT P3 TRUE COPY OF THE ORDER DATED 31.01.2020 IN OP(C)NO.3605/2017 OF THIS HON'BLE COURT.
EXHIBIT P4 TRUE COPY OF I.A.NO.1/2020 IN O.S.NO.92/2011 FILED BY THE RESPONDENT BEFORE THE IIND ADDL.SUB COURT, ERNAKULAM ON 08.09.2020. EXHIBIT P5 TRUE COPY OF I.A.NO.2/2020 IN O.S.NO.92/2011 FILED BY THE RESPONDENT BEFORE THE IIND ADDL.SUB COURT, ERNAKULAM ON 08.09.2020. EXHIBIT P6 TRUE COPY OF THE OBJECTION DATED 20.10.2020 FILED BY THE PETITIONER AGAINST I.A.NO.1/2020 IN O.S.NO.92/2011 BEFORE THE IIND ADDL.SUB COURT, ERNAKULAM. EXHIBIT P7 TRUE COPY OF THE OBJECTION DATED 20.10.2020 FILED BY THE PETITIONER AGAINST I.A.NO.1/2020 IN O.S.NO.92/2011 BEFORE THE IIND ADDL.SUB COURT, ERNAKULAM. EXHIBIT P8 TRUE COPY OF THE E-COURT PROCEEDINGS IN O.S.NO.92/2011 BEFORE THE IIND ADDL.SUB COURT, ERNAKULAM. EXHIBIT P9 TRUE COPY OF THE RELEVANT PAGE OF E-
COURT PROCEEDINGS IN O.S.NO.92/2011 BEFORE THE IIND ADDL.SUB COURT, ERNAKULAM.
EXHIBIT P10 TRUE COPY OF THE RESTRICTED CAUSE OP(C).No.1860 OF 2020 5 LIST PUBLISHED BY THE IIND ADDL.SUB COURT, ERNAKULAM FROM 23.11.2020 TO 28.11.2020.
EXHIBIT P11 TRUE COPY OF THE ORDER DATED 26.11.2020 IN I.A.NO.1/2020 IN O.S.NO.92/2011 OF IIND ADDL.SUB COURT, ERNAKULAM.
EXHIBIT P12 TRUE COPY OF THE ORDER DATED 07.02.2011 IN I.A.NO.790/2011 IN O.S.NO.92/2011 IN IIND ADDL.SUB COURT, ERNAKULAM.
EXHIBIT P13 TRUE COPY OF THE COMMISSIONER'S REPORT DATED 07.02.2011 IN I.A.NO.789/2011 IN O.S.NO.92/2011 BEFORE THE IIND ADDL.SUB COURT, ERNAKULAM.