Eldhose C John vs Issac Thomas
2021 Latest Caselaw 12548 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                THE HONOURABLE MR. JUSTICE SUNIL THOMAS
        TUESDAY, THE 25TH DAY OF MAY 2021 / 4TH JYAISHTA, 1943
                         OP(C) NO. 649 OF 2021
        AGAINST THE ORDER/JUDGEMENT IN OS 174/2020 OF MUNSIFF
                     COURT,MUVATTUPUZHA, ERNAKULAM
PETITIONER/S:

    1       ELDHOSE C JOHN,
            AGED 27 YEARS,
            S/O. JOHN, CHEMABAKASSARIL HOUSE, ENANALLOOR VILLAGE,
            PULINTHANAM KARA, MUVATTUPUZHA TALUK, ERNAKULAM
            DISTRICT

    2       SURIA C.JOHN,
            AGED 30 YEARS,
            D/O. JOHN, CHEMABAKASSARIL HOUSE, ENANALLOOR VILLAGE,
            PULINTHANAM KARA, MUVATTUPUZHA TALUK, ERNAKULAM
            DISTRICT NOW RESIDING AT VAZHPPILLY HOUSE, CHENGAMANAD
            VILLAGE, SOUTH ADIVASSARY KARA, ANGAMALY, ALUVA TALUK

            BY ADVS.
            ALEXANDER JOSEPH
            SMT.AKHILASREE BHASKARAN
            SMT.TERESA C. JOSEPH
            SRI.M.V.SABU



RESPONDENT/S:

            ISSAC THOMAS, AGED 60 YEARS,
0




            S/O. THOMMAN, CHEMABAKASSARIL HOUSE, ENANALLOOR
            VILLAGE, PULINTHANAM KARA, MUVATTUPUZHA TALUK,
            ERNAKULAM DISTRICT-686 691


THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 25.05.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO. 649 OF 2021


                                         -2-




                                  JUDGEMENT

Petitioners are the defendants in O.S.No.174/2020 of Munsiff Court,

Muvattupuzha. In I.A.No.2/2020 in the above suit, an interim order of

injunction was granted. It was carried in appeal before the appellate court in

CMA No.19/2020. The petitioners have approached this Court challenging

Ext.P15 order, refusing to advance the case for hearing and for a direction for

early disposal of Ext.P14 application.

2. This Court has called for a report from the learned Sub Judge as to

the time limit within which the appeal can be disposed of. The learned Sub

Judge by communication dated 29.03.2021 has informed that the CMA can

be disposed of within one month after reopening. When the matter was taken

up today, it was submitted by learned Counsel for the original petitioner that

the appeal itself has been disposed of.

Having considered this fact, I am inclined to dispose of the Original

Petition with a direction to the learned Munsiff, Muvattupuzha, to take up

and consider Ext.P14 application as expeditiously as possible, at any rate

within a period of one month from the date of receipt of a copy of this OP(C) NO. 649 OF 2021

judgment or from the date of lifting of the lockdown, whichever is later.

Sd/-

SUNIL THOMAS JUDGE uu 25.05.2021 OP(C) NO. 649 OF 2021

APPENDIX ANNEXURE/EXHIBITS

EXHIBIT P1 TRUE COPY OF THE PLAINT DATED 22.06.2020 IN OS NO.174/2020 OF THE MUNSIFFS COURT , MUVATTUPUZHA

EXHIBIT P2 TRUE COPY OF IA 2/2020 IN OS NO.174/2020 OF THE MUNSIFFS COURT , MUVATTUPUZHA

EXHIBIT P3 TRUE COPY OF THE INTERIM ORDER DATED 23.06.2020 IN IA NO.2/2020 IN OS NO.174/2020 OF THE MUNSIFFS COURT , MUVATTUPUZHA

EXHIBIT P4 TRUE COPY OF THE COMMISSION REPORT IN IA NO.3/2020 IN OS NO.174/2020 OF THE MUNSIFFS COURT , MUVATTUPUZHA

EXHIBIT P5 TRUE COPY OF THE COMMISSION REPORT IN IA NO.2/2020 IN OS NO.174/2020 OF THE MUNSIFFS COURT , MUVATTUPUZHA

EXHIBIT P6 TRUE COPY OF THE AFFIDAVIT DATED 27..0-6.2020 IN IA NO.2/2020 IN OS NO.174/2020 OF THE MUNSIFFS COURT , MUVATTUPUZHA

EXHIBIT P7 TRUE COPY OF THE IA NO.9/2020 IN OS NO.174/2020 DATED 10.07.2020 OF THE MUNSIFFS COURT , MUVATTUPUZHA

EXHIBIT P8 TRUE COPY OF THE COUNTER AFFIDAVIT DATED 16.07.2020 IN IA 4/2020 IN OS NO.174/2020 OF THE MUNSIFFS COURT , MUVATTUPUZHA

EXHIBIT P9 TRUE COPY OF THE IA NO.12/2020 IN OS NO.174/2020 OF THE MUNSIFFS COURT , MUVATTUPUZHA

EXHIBIT P10 TRUE COPY OF THE COMMON ORDER DATED 27.07.2020 IN IA NO.2/2020, IN NO.8/2020 AND IA NO.10/2020 IN OS NO.174/2020 OF THE MUNSIFFS COURT , MUVATTUPUZHA

EXHIBIT P11 TRUE COPY OF THE ORDER DATED 27/07/2020 IN IA OP(C) NO. 649 OF 2021

NOS 09/2020 AND 12/2020 IN OS NO.174/2020 OF THE MUNSIFFS COURT , MUVATTUPUZHA

EXHIBIT P12 TRUE COPY OF CMA NO.19/2020 DATED 7.08.2020 OF THE SUB COURT, MUVATTUPUZHA

EXHIBIT P13 TRUE COPY OF THE B-DIARY IN CMA NO.19/2020 ISSUED BY THE SUB COURT MUVATTUPUZHA

EXHIBIT P14 TRUE COPY OF IA NO.20/2021 IN IN OS NO.174/2020 OF THE MUNSIFFS COURT , MUVATTUPUZHA

EXHIBIT P15 TRUE COPY OF THE ORDER DATED 20.02.2021 IN IA NO.22/2021 IN OS NO.174/2020 OF THE MUNSIFFS COURT , MUVATTUPUZHA