Mary vs Alice
2021 Latest Caselaw 11730 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

                  THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR

          FRIDAY, THE 09TH DAY OF APRIL 2021 / 19TH CHAITHRA, 1943

                            OP(C).No.738 OF 2021

     (I.A.NO.10 OF 2020 IN OS 3821/2016 PENDING ON THE FILE OF III
                  ADDITIONAL MUNSIFF COURT ,THRISSUR)


PETITIONER/PLAINTIFF:

               MARY
               AGED 57 YEARS
               W/O. LATE VARGHESE, CHEEROTHA HOUSE, MILLENIUM NAGAR,
               PULLAZHI VILLAGE, THRISSUR TALUK, THRISSUR - 680012,

               BY ADVS.
               SRI.K.R.ARUN KRISHNAN
               SMT.DEEPA K.RADHAKRISHNAN

RESPONDENTS/DEFENDANTS:

      1        ALICE
               AGED 71 YEARS
               W/O. KUNJIPORINCHU, PALLIKKUNNATH HOUSE, NADUVINKARA
               P.O, VADANAPPILLY, CHAVAKKAD TALUK,
               THRISSUR - 680614.

      2        JOHNSON
               AGED 62 YEARS
               S/O. LATE PAILOTH, CHEEROTHA HOUSE, KANJANI ROAD,
               AYYANTHOLE P.O, THRISSUR - 680003.

      3        DAVIS
               AGED 54 YEARS
               S/O. LATE PAILOTH, CHEEROTHA HOUSE, THRIKKUMARAKUDAM
               COLONY, AYYANTHOLE P.O, THRISSUR - 680003.


     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 09.04.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C).No.738 OF 2021

                                    2




                              JUDGMENT

Dated this the 9th day of April 2021

The plaintiff in O.S.No.3821/2016 on the file of

Additional Munsiff Court-III, Thrissur, has filed this O.P for

issue of direction to the court below for expeditious disposal

of I.A.No.10/2020 in the suit.

2. A report was called for from the court below in

this respect. It is submitted that presently no Judicial

Officers are posted at Additional Munssif Court-III, Thrissur,

and learned officer is only holding charge of the Additional

Munssif Court-III. The officer has sought for a period of one

year for disposing of the original suit.

3. Ext.P5 I.A. is a petition filed under order 39 Rule

2A of Code of Civil Procedure for prosecution of the 2 nd

defendant for alleged violation of order of injunction. The

request for one year time for disposing of the petition

appears to be too long a period to be accepted.

In the result, the O.P is allowed calling upon the

court below to take up Ext.P5 I.A.No.10/2020 for urgent OP(C).No.738 OF 2021

consideration and to dispose it in accordance with law after

hearing parties within a period of three months from the

date of receipt of certified copy of this judgment.

Sd/-

T.V.ANILKUMAR JUDGE SMF OP(C).No.738 OF 2021

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF PLAINT IN OS NO. 3821/2016 ON THE FILE OF ADDITIONAL MUNSIFF COURT, NO.III THRISSUR.

EXHIBIT P2 TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE 1ST DEFENDANT IN OS NO. 3821/2016 ON THE FILE OF ADDITIONAL MUNSIFF COURT, NO.III, THRISSUR.

EXHIBIT P3 TRUE COPY OF THE ORDER OF TEMPORARY INJUNCTION IN IA NO. 13214/2016 IN OS NO. 3821/2016 ON THE FILE OF ADDITIONAL MUNSIFF COURT, NO.III, THRISSUR, DATED 07.07.2016.

EXHIBIT P4 TRUE COPY OF THE COMMISSION REPORT FILED BY THE ADVOCATE COMMISSIONER DATED 27.07.2020 IN IA NO.9/2020 IN OS NO. 3821/2016 ON THE FILE OF ADDITIONAL MUNSIFF COURT-III, THRISSUR.

EXHIBIT P5 TRUE COPY OF IA NO.10/2020 IN OS NO.

3821/2016 ON THE FILE OF ADDITIONAL MUNSIFF COURT, THRISSUR.

EXHIBIT P6 TRUE COPY OF PROCEEDINGS SHEET IN OS NO.3821/2016 AS AVAILABLE FROM THE E COURTS.

//TRUE COPY// PA TO JUDGE