Komalan vs Manju R
2021 Latest Caselaw 86 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

             THE HONOURABLE MR. JUSTICE SATHISH NINAN

     MONDAY, THE 04TH DAY OF JANUARY 2021 / 14TH POUSHA, 1942

                        OP(C).No.1931 OF 2020

   AGAINST THE ORDER/JUDGMENT IN OS 152/2020 OF MUNSIFF COURT,
                           MAVELIKKARA


PETITIONER/DEFENDANT:

             KOMALAN
             AGED 65 YEARS
             S/O. KESAVAN, VAZHAYIL MEENATHETHIL, UMBERNAD,
             KALLUMALA P.O., MAVELIKARA

             BY ADVS.
             SRI.A.K.ALEX
             SRI.P.KURUVILLA JACOB

RESPONDENT/PLAINTIFF:

             MANJU R, AGED 41 YEARS
             W/O. SHAJI, RESIDING AT REMANINILAYAM, UMBERNAD,
             KALLUMALA P.O., MAVELIKARA-690 110


     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 04.01.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                  2
OP(C).No.1931 OF 2020




                            JUDGMENT

The petitioner is faced with an exparte order of

interim injunction. His grievance is that inspite of the

fact that he has sought for a hearing on the injunction

application, the same is not being considered by the

court below.

2. In the report called for through the Registry,

the court has expressed that the application for

injunction can be heard and disposed of within a period

of one month.

Accordingly, the original petition is disposed of

directing the Munsiff's Court, Mavelikara to hear and

pass final orders on I.A.No.1 of 2020 in O.S.No.152/2020

pending before that court, as expeditiously as possible

and at any rate, within a period of one month from the

date of receipt of a copy of this judgment.

Sd/-

SATHISH NINAN

JUDGE

rsr

OP(C).No.1931 OF 2020

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE PLAINT IN OS NO.152/2020 OF MUNSIFFS COURT, MAVELIKARA

EXHIBIT P2 TRUE COPY OF THE COMPROMISE DECREE PASSED IN OS 37/2010 OF THE MUNSIFFS COURT, MAVELIKARA

EXHIBIT P3 TRUE COPY OF THE APPLICATION FOR TEMPORARY INJUNCTION FILED UNDER ORDER 39 RULES I AND 2 WITH THE SUPPORTING AFFDAVIT

EXHIBIT P4 TRUE COPY OF THE ORDER OF TEMPORARY INJUNCTION PASSED IN OS 152/2020 OF MUNSIFFS COURT, MAVELIKARA

EXHIBIT P5 TRUE COPY OF THE PETITION DATED 26.6.2020 FILED UNDER ORDER 39 RULE 4 CPC

EXHIBIT P6 TRUE COPY OF THE TREATMENT CERTIFICATE GOT FROM THE REGIONAL CANCER CENTRE, THIRUVANANTHAPURAM

EXHIBIT P7 TRUE COPY OF THE COMMISSIONER REPORT IN OS 152/202P OF THE MUNSIFFS COURT, MAVELIKARA