IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
WEDNESDAY, THE 29TH DAY OF JUNE 2022 / 8TH ASHADHA, 1944
OP(C) NO. 1128 OF 2022
IA NO.2/2022 IN OS 364/2022 OF III ADDITIONAL MUNSIFF COURT,
ERNAKULAM (RENT CONTROL)
PETITIONER/1ST RESPONDENT/1ST DEFENDANT:
PRASAD
AGED 57 YEARS
S/O LATE NARAYANAN, THUNDIPARAMBIL,
AYYANKALI ROAD, PUNITHURA,
KOCHI - 682038,ERNAKULAM DISTRICT.
BY ADVS.
K.REGHU KOTTAPPURAM
R.MAHESH (KOTTAPPURAM)
MURUKESH REGHU
RESPONDENTS/PETITIONER AND 2ND RESPONDENT/PLAINTIFF AND 2ND
DEFENDANT:
1 SUSEELA
AGED 61 YEARS
W/O SUBRAMANIAN, PADACHIRA HOUSE,
AYYANKALI ROAD, POONITHURA, KOCHI
PIN - 682038
2 VENUGOPAL
AGED 58 YEARS
S/O LATE NARAYANAN, THUNDIPARAMBIL HOUSE, AYYANKALI
ROAD,PUNITHURA, KOCHI -682038, ERNAKULAM DISTRICT
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 29.06.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C) NO. 1128 OF 2022
2
JUDGMENT
Dated this the 29th day of June, 2022 This Original Petition has been filed under Article 227 of the Constitution of India.
2. The petitioner herein is the 1st defendant in O.S.No.364 of 2022 and he seeks early disposal of I.A.No.2 of 2022, interim injunction application, pending before the Additional Munsiff Court-III, Ernakulam.
3. According to the learned counsel for the petitioner, the 1st respondent herein/the plaintiff in the above Suit obtained an interim ex parte injunction as Ext.P5 and thereby the petitioner's right to use a pathway, which was purchased by the defendant as per Ext.P1 sale deed, was restrained in a manner and thereby the petitioner could not carry vehicles through the said pathway. He also submitted that the petitioner is a poor man, having cattle to carry on through the way and because of the interim ex parte injunction and hesitance OP(C) NO. 1128 OF 2022 3 on the part of the trial court to dispose of the same on merits, the petitioner has been suffering and therefore, an early disposal of I.A.No.2 of 2022 on merits, particularly, in view of Ext.P1 sale deed is absolutely necessary.
4. Since the prayer is only to direct the trial court to hear and dispose of I.A.No.2 of 2022 in O.S.No.364 of 2022 in the context of submission made, notice to the other side is dispensed with. In fact, it is the statutory mandate for the court under Order 39 Rule 3A of CPC to dispose of injunction application, where an injunction has been granted without notice within thirty days.
In view of the matter, there shall be a direction to the Additional Munsiff Court-III, Ernakulam to hear and dispose of I.A.No.2 of 2022 in O.S.No.364 of 2022 on merits, after hearing both sides and addressing the contentions raised by the petitioner as discussed above, within a period of two weeks, from the date of receipt or production of a copy of this judgment.
OP(C) NO. 1128 OF 2022 4 This Original Petition (Civil) stands allowed as indicated above.
Registry is directed to forward a copy of this judgment to the court below concerned, within seven days, for compliance and information.
Sd/-
A. BADHARUDEEN JUDGE nkr OP(C) NO. 1128 OF 2022 5 APPENDIX OF OP(C) 1128/2022 PETITIONER EXHIBITS Exhibit P1 A PHOTO COPY OF SALE DEED NO.4899/95 OF S R O MARADU DATED 19.10.1995 Exhibit P2 A PHOTO COPY OF LAND TAX RECEIPT DATED 19-01-2022 ISSUED BY THE POONITHURA VILLAGE OFFICE Exhibit P3 A PHOTO COPY OF PLAINT IN O.S.NO.
364/2022 ON THE FILE OF THE III ADDITIONAL MUNSIFF COURT, ERNAKULAM DATED 07.04.2022 Exhibit P4 A PHOTO COPY OF PETITION FOR INJUNCTION IN I.A. NO.2/2022 IN O.S NO.364/2022 ACCOMPANIED BY AFFIDAVIT DATED 07.04.2022 Exhibit P5 A PHOTOCOPY OF ORDER OF EXPARTE INTERIM INJUNCTION IN I.A. NO.2/2022 IN O.S. NO.364/2022 PASSED BY THE III ADDITIONAL MUNSIFF COURT, ERNAKULAM DATED 08.04.2022 Exhibit P6 A PHOTOCOPY OF COUNTER AFFIDAVIT IN I.A.NO.2 /2022 IN O.S.NO.364/2022 FILED BY THE PETITIONER DATED 21.05.2022