Amanullah vs Sharafudeen
2021 Latest Caselaw 5284 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

             THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR

     FRIDAY, THE 12TH DAY OF FEBRUARY 2021 / 23RD MAGHA,1942

                      OP(C).No.1277 OF 2020

   AGAINST THE ORDER/JUDGMENT IN OS 9/2018 DATED 29-11-2019 OF
                   MUNSIFF COURT, KOTTARAKKARA


PETITIONER/PETITIONER/PLAINTIFF:

             AMANULLAH,
             AGED 66 YEARS,
             S/O. LATE ABDUL RASAK, RESIDING AT PUTHEN VEEDU,
             NILAKKAMUKKU, KEEZHATTINGAL VILLAGE, KADAKKAVOOR P.O,
             THIRUVANANTHAPURAM DISTRICT PIN 695 306

             BY ADVS.
             SRI.T.R.RAJAN
             SRI.T.H.ABDUL AZEEZ

RESPONDENTS/RESPONDENTS/DEFENDANTS:

      1      SHARAFUDEEN,
             AGED 59 YEARS,
             S/O. ALI THAMPI RESIDING AT DARUL SALAM, PANGODU,
             AANAKUDIMURI, PANGODU VILLAGE, PANGODE P.O, PIN 695
             609

      2      SHAHILA BEEGUM,
             AGED 48 YEARS,
             D/O. ABDUL KHADER, RESIDING AT DARUL SALAM, PANGODU,
             AANAKUDIMURI, PANGODU VILLAGE, PANGODE P.O, PIN 695
             609

             R1-2 BY ADV. SRI.K.SIJU
             R1-2 BY ADV. SMT.ANJANA KANNATH

     THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 12.02.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C).No.1277 OF 2020                     2




                                 JUDGMENT

The plaintiff in O.S.No.9 of 2018 on the

file of Munsiff Court, Kottarakara challenges

the impugned Ext.P7 order dated 29.11.2019

dismissing his application for police

assistance. I.A.No.3430 of 2019 was dismissed

by the court below holding that the court has no

power to give direction to Police in a civil

case. The view that the court has no power does

not seem to be legally correct. The legal

position is that the Civil Court may not have

power to issue direction to implement an ex

parte order of injunction passed by a Civil

Court. What therefore could be sought to be

implemented through police is only that order

which is passed by the court on merits after

hearing both parties.

2. What was sought to be implemented

through CI of Police, Kottarakara is Ext.P3

order, which is an ex parte order passed on

I.A.No.44 of 2018. After hearing the learned

counsel for the petitioner, I am of opinion that

the court below has to hear the parties and

dispose of I.A.No.44 of 2018 on merits and then

decide as to whether there is any situation

which demands meritorious order being

implemented seeking police aid. Learned counsel

for the petitioner submitted that a direction

may be given to the court below to dispose of

the suit also within a reasonable period of

time.

In the result, this OP is disposed of

directing the court below to take up I.A.No.44

of 2018 and proceed to dispose it of on merits

and also to dispose the suit itself within a

period of six months from the date of receipt of

a certified copy of this judgment.

sd/-

T.V.ANILKUMAR, JUDGE

pm

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE PLAINT IN OS NO 9/2018 ON THE FILES OF THE MUNSIFF COURT, KOTTARAKARA FILED BY THE PETITIONER.

EXHIBIT P2 TRUE COPY OF THE WRITTEN STATEMENT IN OS NO. 9/2018 ON THE FILES OF THE MUNSIFF COURT, KOTTARAKARA FILED BY THE RESPONDENTS

EXHIBIT P3 TRUE COPY OF THE ORDER DATED 6/1/2018 OF THE MUNSIFF COURT, KOTTARAKARA IN IA NO. 44/18 IN OS NO 9/2018

EXHIBIT P4 TRUE COPY OF THE PETITION DATED 16-1-

2018 SUBMITTED BY THE PETITIONER BEFORE THE SUB INSPECTOR OF POLICE, KADAKKAL

EXHIBIT P5 TRUE COPY OF THE PETITION DATED 6/8/2018 SUBMITTED BY THE PETITIONER BEFORE THE SUPERINTENDENT OF POLICE, KOLLAM

EXHIBIT P6 TRUE COPY OF THE AFFIDAVIT AND PETITION IN I.A NO. 3430/2019 IN O.S NO. 9/2018 ON THE FILES OF THE MUNSIFF COURT, KOTTARAKARA

EXHIBIT P7 TRUE COPY OF THE ORDER DATED 29-11-2019 IN I.A NO. 3430/2019 IN OS NO. 9/2018 ON THE FILES OF THE MUNSIFF COURT, KOTTARAKARA.

    RESPONDENTS' EXHIBITS:     NIL