Kerala High Court
P.K.Sunil vs P.R.Vijayan on 23 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR
TUESDAY, THE 23RD DAY OF FEBRUARY 2021 / 4TH PHALGUNA, 1942
OP(C).No.490 OF 2021
IN I.A.NO.2/2020 IN O.S.NO.765/2020 OF I ADDITIONAL MUNSIFF
COURT,ERNAKULAM
PETITIONER/PLAINTIFF:
P.K.SUNIL,
AGED 50 YEARS,
S/O KRISHNAN P.N, RESIDING AT PALIYAM THURUTHIL
HOUSE, PIZHALA P.O.KADAMAKKUDY VILLAGE,
ERNAKULAM DISTRICT, PIN-682 027.
BY ADV. SRI.T.P.SANTHOSH KUMAR
RESPONDENTS/DEFENDANTS:
1 P.R.VIJAYAN,
68 YEARS,S/O RAMAN, PALIYAM THURUTHIL HOUSE,
PIZHALA, PIZHALA P.O.KADAMAKKUDY VILLAGE,
ERNAKULAM DISTRICT, PIN-682 027.
2 BABU,
AGED 55 YEARS,
S/O NARAYANAN, THAYYATHU VEETIL, VALIYA
KADAMAKKUDY, KADAMAKKUDY VILLAGE, PIZHALA
P.O.ERNAKULAM DISTRICT
3 SUDHAKARAN,
AGED 66 YEARS,
S/O KRISHNAN, PALLATH HOUSE, PIZHALA, PIZHALA
P.O.KADAMAKKUDY VILLAGE,
ERNAKULAM DISTRICT ,PIN-682 027.
4 DAVID,
AGED 72 YEARS,
S/O DEVASI, KADEPARAMBIL HOUSE, PIZHALA, PIZHALA
P.O.KADAMAKKUDY VILLAGE, ERNAKULAM DISTRICT,
PIN-682 027.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
23.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P.(C)No.490/2021
-:2:-
Dated this the 23rd day of February,2021
J U D G M E N T
The petitioner in this original petition is
the plaintiff in O.S.No.765/2020 before 1st
Additional Munsiff Court, Ernakulam. He filed the
suit for permanent injunction. Along with the
suit, he filed Ext.P5 [I.A.No.2/2020 in
O.S.No.765/2020] seeking an order of temporary
injunction against the respondents/defendants
restraining them from transferring the suit
property.
2. It is submitted by the learned counsel
for the petitioner/plaintiff that the court below
instead of passing an order of injunction chose to
issue notice to respondents and notices are yet to
be served. I.A.No.2/2020 in O.S.No.765/2020 is
stated to have been filed on 14.09.2020. The
apprehension expressed by the learned counsel for
the petitioner is that unless some orders
preventing the respondents from alienating the
property are issued, the petitioner will be put to
irreparable loss and injury.
3. This original petition is, therefore,
O.P.(C)No.490/2021
filed for issue of a direction to the court below
to take up I.A.No.2/2020 forthwith and dispose of
it in accordance with law.
4. The fact that the court below chose to
issue notice to respondents and respondents are
yet to appear is no reason to delay disposal of
I.A.No.2/2020. From the nature of contentions
raised before the court below, it was only fair
and proper for the court to have passed orders on
I.A.No.2/2020 in accordance with law when it
noticed that service of notice on respondents was
being delayed.
5. I do not want to express any view on the
merits of the contentions raised by the
petitioner. In the nature of view which I propose
to take below, the notice to respondents is
dispensed with. I am of the opinion that it is
only fair and reasonable that the court below is
directed to dispose of I.A.No.2/2020 in
O.S.No.765/2020 within a period of two weeks from
the date of receipt of certified copy of this
judgment.
In the result, original petition is disposed
of directing the learned Munsiff,Ernakulam to take
O.P.(C)No.490/2021
up I.A.No.2/2020 in O.S.No.765/2020 and pass
urgent orders after hearing the petitioner in
event of the respondents not appearing in the
proceeding in the meantime. If the respondents
appear within the time stipulated above, orders
may be passed after hearing them also. It is made
clear that the court below will be at full liberty
to pass any order of its choice in accordance with
law. Order on I.A.No.2/2020 shall not be delayed.
All pending interlocutory applications will
stand closed.
Sd/-
T.V.ANILKUMAR,JUDGE
DST //True copy/
P.A.To Judge
O.P.(C)No.490/2021
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE TRUST DEED
NO.1801/67 OF NJARAKKAL S.R.O
EXHIBIT P2 THE TRUE COPY OF THE SALE DEED NO.
879/1/8 OF NJARAKKAL S.R.O
EXHIBIT P3 TRUE COPY OF THE REPLAY NOTICE DATED
10.11.2020 ISSUED BY THE RESPONDENT
EXHIBIT P4 THE TRUE COPY OF THE PLAINT IN O.S. NO.
765/2020 PENDING BEFORE THE MUNSIFF
COURT, ERNAKULAM
EXHIBIT P5 THE TRUE COPY OF I.A.NO. 2/2020 IN O.S.
NO.765/2020
RESPONDENTS' EXHIBITS: NIL
