Kerala High Court
Jojy K John vs Fr. Mathew Abraham on 14 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 14TH DAY OF JULY 2021 / 23RD ASHADHA, 1943
OP(C) NO. 795 OF 2021
OS 61/2021 OF MUNSIFF COURT, PALA, KOTTAYAM
PETITIONER/S:
JOJY K JOHN
AGED 44 YEARS
S/O.LATE K.A.JOHN, KANDATHIPUTHANPURAYIL,
CHORAKUZHY, KOOTHATUKULAM P.O., KOOTHATTUKULAM
VILLAGE, ERNAKULAM DISTRICT.
BY ADV M.NARENDRA KUMAR
RESPONDENT/S:
FR. MATHEW ABRAHAM,
AGED 64 YEARS
S/O.LATE ABRAHAM COR-EPISCOPA, KANDATHIL
PUTHANPURAYIL, PUTHUVELY P.O., VELIYANNOOR
VILLAGE, MEENACHIL TALUK, KOTTAYAM DISTRICT,
PIN-686 636.
BY ADVS.
SRI.C.S.MANILAL
SRI.S.NIDHEESH
SHRI.ACHUT M NAIR
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
14.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(C) No.795 of 2021
-2-
JUDGMENT
Dated this the 14th day of July, 2021
The petitioner is the defendant in O.S.No.61
of 2021 pending on the files of the Munsiff
Court, Pala. Along with the suit, the
respondent/plaintiff had filed I.A.No.1 of 2021
for injunction restraining the petitioner and her
men from taking vehicles through 'B' Schedule way
or the newly opened 'D' schedule road. The court
granted an ex-parte ad-interim order of
injunction. Even though, the petitioner has filed
his objection to the I.A. and is seeking to get
the injunction vacated, the application is not
being taken up for consideration. Hence, the
original petition.
2. It is submitted by the learned Counsel
for the petitioner that the petitioner is being
put to extreme difficulties due to the
subsistence of the injunction order.
O.P.(C) No.795 of 2021
3. Learned Counsel for the respondent
raises a preliminary objection regarding the
maintainability of the original petition in view
of the effective remedy of appeal provided under
Order 43 Rule 1 of C.P.C.
4. Learned Counsel for the petitioner
submits that for the present, the petitioner
will be satisfied with a direction to pass orders
on I.A.No.1 of 2021 at the earliest.
5. The learned Munsiff having granted an
ex-parte injunction order, should make an
endeavour to finally dispose of the application
at the earliest, as mandated under Order 39 Rule
3A of C.P.C.
In the result, the original petition is
disposed of, directing the learned Munsiff, Pala
to take up I.A.No.1 of 2021 in O.S.No.61 of 2021
and to pass orders thereon within two weeks from
the date of receipt of a copy of this judgment.
The undertaking by the Counsel that both parties
O.P.(C) No.795 of 2021
will get ready for hearing on the I.A, is
recorded.
Sd/-
V.G.ARUN
JUDGE
Scl/14.07.2021
O.P.(C) No.795 of 2021
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE PLAINT IN IS
NO.61 OF 2021 IN THE COURT OF
MUNISFF'S, PALA,.
EXHIBIT P2 THE TRUE COPY OF THE IA NO.1/2021 IN
OS NO.61/2021 IN THE COURT OF MUNSIFFS
PALA.
EXHIBIT P3 THE TRUE COPY OF THE REPORT AND ROUGH
SKETCH FILED BY THE ADVOCATE
COMMISSIONER.
EXHIBIT P4 THE TRUE COPY OF THE OBJECTION IA
NO.1/2021 IN OS NO.61/2021 IN THE
COURT OF MUNSIFFS PALA.
EXHIBIT P5 THE TRUE COPY OF THE AD INTERIM ORDER
OF INJUNCTION IN IA NO.1/2021 IN OS
NO.61/2021 IN THE COURT OF MUNSIFF'S
PALA WITH TYPED COPY FOR CLARITY.
