IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 3RD DAY OF JUNE 2022 / 13TH JYAISHTA, 1944
OP(C) NO. 621 OF 2020
IN I.A NO.2076 OF 2019 IN OS 189/2019 OF MUNSIFF COURT, CHALAKUDY
PETITIONER:
AUGUSTHY
AGED 60 YEARS
S/O NALPPADAN MATHAI,KORATTY PALLIKULAM DESOM,MURINGOOR
THEKKUMMURI VILLAGE,CHALAKUDY TALUK,THRISSUR.
BY ADV V.M.KRISHNAKUMAR
RESPONDENT:
BIJU, AGED 43 YEARS
S/O NALPPADAN THOMAS,KORATTY PALLIKULAM DESOM,
MURINGOOR THEKKUMMURI VILLAGE,CHALAKUDY TALUK,THRISSUR.
BY ADV SRI.CIBI THOMAS
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 03.06.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C) NO. 621 OF 2020 2
Dated this the 3rd day of June, 2022
JUDGMENT
The original petition is filed to set aside the order passed in I.A. No.2076/2019 (Exhibit P3) in O.S.No.189 of 2019 of the court of the Munsiff, Chalakkudy.
2. The petitioner has filed the above suit, interalia, seeking a decree of permanent prohibitory injunction against the respondent. He had taken out an Advocate Commission, who has filed Exhibit P2 report. Subsequently, the defendant has filed I.A. No.2076/2019, seeking the maintenance of status quo based on the commission report. The Trial Court, after considering the rival contentions, has passed Exhibit P3 order on 28.09.2019 directing the parties to maintain status quo based on Exhibit P3. Hence, the original petition.
3. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondent.
4. Even though this original petition was filed on OP(C) NO. 621 OF 2020 3 02.03.2020, it has not been admitted till date and no interim order has been passed.
5. In the above facts and circumstances, I am of the firm view that this original petition can give a quietus, by directing the Trial Court to consider and dispose of the suit, within a time frame.
In the result, this original petition is disposed of by directing the court of the Munsiff, Chalakkudy to consider and dispose of O.S. No.189/2019, in accordance with law, as expeditiously as possible, at any rate, within a period of six months from the date of receipt of a certified copy of this judgment. The parties shall maintain status quo, as per Exhibit P3 until such time.
Sd/-
C.S.DIAS, JUDGE rmm3/06/2022 OP(C) NO. 621 OF 2020 4 APPENDIX OF OP(C) 621/2020 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE PLAINT IN O.S.N0.189/2019 OF THE MUNSIFF COURT CHALAKUDY.
EXHIBIT P2 TRUE COPY OF THE COMMISSION REPORT AND PLAN IN O.S.189 OF 2019 DATED 20.5.2019. EXHIBIT P3 TRUE COPY OF THE ORDER IN IA.N0.2076 OF 2019 IN O.S.189 OF 2019 DATED 28.09.2019 OF THE MUNSIFF COURT,CHALAKUDY.
RESPONDENT'S EXHIBITS NIL