Kerala High Court
Lalu vs Lalu on 2 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR
TUESDAY, THE 02ND DAY OF MARCH 2021 / 11TH PHALGUNA, 1942
OP(C).No.516 OF 2021
IA NOS.4/2020 AND 8/2020 IN OS 9/2019 PENDING ON THE FILE OF
SECOND ADDITIONAL SUB COURT, ERNAKULAM
PETITIONERS/RESPONDENTS/DEFENDANTS:
1 LALU, AGED 40 YEARS
S/O. VELAYUDHAN, THENUMPARAMBIL HOUSE,
SUBHASH CHANDRABOSE ROAD, TSRA D-25, VYTILLA
P.O., THYKKOODAM, COCHIN, ERNAKULAM-682019.
2 SAJAN, AGED 38 YEARS
S/O. VELAYUDHAN, THENUMPARAMBIL HOUSE, SUBHASH
CHANDRABOSE ROAD, TSRA D-25, VYTTILA P.O.,
THYKKOODAM, COCHIN, ERNAKULAM-682019.
3 ANIL T.S., AGED 48 YEARS
S/O. SUBRAMANIAN, THENUMPARAMBIL HOUSE, SUBHASH
CHANDRABOSE ROAD, TSRA D-25, VYTTILA P.O.,
THYKKOODAM, COCHIN, ERNAKULAM-682019.
BY ADVS.
SRI.K.R.ARUN KRISHNAN
SMT.DEEPA K.RADHAKRISHNAN
RESPONDENT/RESPONDENT/PLAINTIFF:
BHARATHI
AGED 75 YEARS
W/O. LATE SAKTHIDHARAN, PANAKKAPARAMBIL HOUSE,
KACHAPPILLY ROAD, VYTILLA P.O., COCHIN,
ERNAKULAM-682019.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
02.03.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P.(C)No.516 of 2021
:-2-:
Dated this the 2nd day of March, 2021
J U D G M E N T
I heard the learned counsel for the petitioners
who are the defendants in O.S.No.9/2019 on the file
of Second Additional Sub Court, Ernakulam. Notice
to respondents is dispensed with, in the nature of
view I propose to take below.
2. The suit was filed by the
respondent/plaintiff for partition of the plaint
schedule property, by one third share. Respondent
filed I.A.No.4/2020 in the suit, seeking an order
of temporary injunction against the alienation of
the plaint property. The respondent also filed
I.A.No.8/2020 seeking to restrain the petitioners
from putting up any sort of construction in the
suit property. Learned counsel for the petitioners
submits that though Exts.P6 and P7 objections
respectively were filed to the above applications,
O.P.(C)No.516 of 2021
:-3-:
the court below has not proceeded to take them up
for urgent consideration and decide them on merits.
Having heard the learned counsel for the
petitioners, I am of the opinion that the above
interlocutory applications are to be urgently heard
and disposed of in the light of the contentions
raised by parties.
In the result, this original petition is
disposed of directing the Second Additional Sub
Court, Ernakulam, to proceed to decide I.A.Nos.4
and 8 of 2020 within a period of two months from
the date of receipt of certified copy of this
judgment, after hearing the parties and in
accordance with law.
All pending interlocutory applications are
closed.
Sd/-
T.V.ANILKUMAR
JUDGE
ami/
O.P.(C)No.516 of 2021
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APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF PLAINT IN O.S.NO.9/2019 ON
THE FILE OF ADDITIONAL SUB COURT NO.II,
ERNAKULAM DATED 11.1.2019.
EXHIBIT P2 TRUE COPY OF WRITTEN STATEMENT IN
O.S.NO.9/2019 ON THE FILE OF ADDITIONAL
SUB COURT NO.II, ERNAKULAM DATED
20.5.2019.
EXHIBIT P3 TRUE COPY OF THE ORDER OF TEMPORARY
INJUNCTION IN I.A.181/2019 IN
O.S.NO.9/2019 ON THE FILE OF ADDITIONAL
SUB COURT NO.II, ERNAKULAM DATED
11.1.2019.
EXHIBIT P4 TRUE COPY OF I.A.4/2020 IN O.S.NO.9/2019
ON THE FILE OF ADDITIONAL SUB COURT
NO.II, ERNAKULAM 12.2.2020.
EXHIBIT P5 TRUE COPY OF THE ORDER OF TEMPORARY
INJUNCTION IN I.A.4/2020 IN
O.S.NO.9/2019 ON THE FILE OF ADDITIONAL
SUB COURT NO.II, ERNAKULAM DATED
12.6.2020.
EXHIBIT P6 TRUE COPY OF OBJECTIONS FILED BY THE
PETITIONERS IN I.A.4/2020 IN
O.S.NO.9/2019 ON THE FILE OF ADDITIONAL
SUB COURT NO.II, ERNAKULAM DATED
14.8.2020.
EXHIBIT P7 TRUE COPY OF OBJECTIONS FILED BY THE
PETITIONERS IN I.A.8/2020 IN
O.S.NO.9/2019 ON THE FILE OF ADDITIONAL
SUB COURT NO.II, ERNAKULAM DATED
5.10.2020.
O.P.(C)No.516 of 2021
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EXHIBIT P8 TRUE COPY OF I.A.8/2020 IN O.S.NO.9/2019
ON THE FILE OF ADDITIONAL SUB COURT
NO.II, ERNAKULAM DATED 2.7.2020.
