Manikandan vs Jijimon
2021 Latest Caselaw 12151 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

               THE HONOURABLE MR. JUSTICE K.HARIPAL

    TUESDAY, THE 20TH DAY OF APRIL 2021 / 30TH CHAITHRA, 1943

                         OP(C).No.962 OF 2021

  AGAINST THE ORDER/JUDGMENT IN OS 43/2021 OF MUNSIFF MAGISTRATE
                        COURT, MANNARKKAD


PETITIONER/PLAINTIFF:

             MANIKANDAN,
             AGED 48 YEARS,
             S/O. LATE PAZHANISWAMY GOUNDER,
             MANIKANDAVILASAM, AGALI P.O,
             MANNARKKAD TALUK,
             PALAKKAD DISTRICT.

             BY ADV. SRI.P.JAYARAM

RESPONDENT/DEFENDANT :

             JIJIMON,
             AGED 42 YEARS,
             S/O. T L PHILLIPPOS,
             THAZHATHU VETTIKKAL VEEDU,
             AGALI P.O, MANNARKKAD TALUK,
             PALAKKAD DISTRICT
             PIN 678 581


     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 20.04.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C).No.962 OF 2021

                                    2


                             JUDGMENT

Dated this the 20th day of April, 2021

The petitioner claims that he is the plaintiff in O.S.No.

43/2021 of Munsiff Court, Mannarkkad. It is a suit for injunction

seeking to restrain the respondent and others from entering upon plaint

schedule property which is 5 cents of land as shown in Ext.P3, A

schedule comprised in survey No.1159/6 of Agaly Village. According to

the learned Counsel for the petitioner, the petitioner has obtained an ex

parte order of interim injunction against the respondent from trespassing

upon the property and committing acts of improvement, altering its lie

and interfering with his peaceful possession and enjoyment of the

property.

2. According to him, suppressing this order, the respondent

filed another suit as O.S.No.46/2021 and obtained a similar order of

interim injunction against the petitioner. Both the parties had also taken

out commission and ex parte, the report of the commissioners have been

obtained. Now, the grievance of the petitioner is that on the eve of the

summer vacation, the learned Munsiff had heard both the petitions in

detail and that order was supposed to be pronounced on or before the OP(C).No.962 OF 2021

closing date. But, an order has not been pronounced. Taking advantage

of this position, now the respondent is engaged in putting up

construction activities in the property. Therefore, the learned Munsiff

Magistrate, Mannarkkad is sought to be directed to dispose of

I.A.No.146/2021 in O.S.No.43/2021 and I.A.No.155/2021 in

O.S.No.46/2021, within a definite time frame. In the light of the

submissions and the nature of the relief sought, I do not think that

notice need be issued to the respondent.

3. After going through the contentions of the petitioner and

perusing the materials, it is certain that the learned Munsiff has not

pronounced the order, after hearing both sides. In the circumstances,

one party cannot be allowed to take advantage of the situation. Now,

commission reports are in place. Therefore, it is only expedient in the

interest of justice to direct the parties to maintain status quo till orders

are passed by the Munsiff.

The O.P.(C) is disposed of as above.

Sd/-

K.HARIPAL JUDGE

NR/20/04/2021 //True copy// P.A. to Judge OP(C).No.962 OF 2021

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE PLAINT IN O.S NO. 43 OF 2021 OF MUNSIFF MAGISTRATE, MANNARKKAD

EXHIBIT P2 TRUE COPY OF THE AFFIDAVIT IN IA NO.

146/2021 IN O.S NO. 43 OF 2021 OF MUNSIFF MAGISTRATE, MANNARKKAD

EXHIBIT P3 TRUE COPY OF THE AD-INTERIM INJUNCTION IN IA NO. 146/2021 IN O.S NO. 43 OF 2021 OF MUNSIFF MAGISTRATE, MANNARKKAD

EXHIBIT P4 TRUE COPY OF THE PLAN AND REPORT SUBMITTED BY THE COMMISSIONER IN IA NO. 147/2021 IN O.S NO. 43 OF 2021 OF MUNSIFF MAGISTRATE

EXHIBIT P5 TRUE COPY OF THE COUNTER STATEMENT FILED BY THE RESPONDENT/DEFENDANT IN IA NO. 146/2021 IN O.S NO 43 OF 2021 OF MUNSIFF MAGISTRATE

EXHIBIT P6 TRUE COPY OF THE COMPLAINT DATED 12-04-

2021 FILED BY THE PETITIONER BEFORE THE INSPECTOR OF POLICE, AGALI

EXHIBIT P7 TRUE COPY OF RECEIPT DATED 13-04-2021 ISSUED TO THE PETITIONER FROM AGALI POLICE STATION WITH RESPECT TO EXHIBIT P6 COMPLAINT

EXHIBIT P8 TRUE COPY OF THE PLAINT IN O.S NO 46/2021 ON THE FILES OF MUNSIFF MAGISTRATE, MANNARKKAD.

EXHIBIT P9 TRUE COPY OF THE AFFIDAVIT IN IA NO.

155/2021 IN O.S NO. 46 OF 2021 OF MUNSIFF MAGISTRATE

EXHIBIT P10 TRUE COPY OF THE AD-INTERIM INJUNCTION IN IA NO. 155/2021 IN O.S NO. 46 OF 2021 OF MUNSIFF MAGISTRATE OP(C).No.962 OF 2021

EXHIBIT P11 TRUE COPY OF THE COUNTER STATEMENT FILED BY THE PETITIONER HEREIN/DEFENDANT IN IA NO. 155/2021 IN O.S NO. 46 OF 2021 OF MUNSIFF MAGISTRATE

EXHIBIT P12 TRUE COPY OF THE REPORT AND PLAN SUBMITTED BY THE COMMISSIONER IN IA NO. 155/2021 IN O.S NO. 46 OF 2021 OF MUNSIFF MAGISTRATE.

EXHIBIT P13 TRUE COPY OF THE PHOTOGRAPHS SHOWING THE PRESENT POSITION AT THE PLAINT SCHEDULE PROPERTY IN O.S NO. 46 OF 2021 OF MUNSIFF MAGISTRATE.

// TRUE COPY// PA TO JUDGE