Kerala High Court
Sali @ Clamandeena vs Dhura on 27 May, 2021
O.P(C).754/2021
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
THURSDAY, THE 27TH DAY OF MAY 2021 / 6TH JYAISHTA, 1943
OP(C) NO. 754 OF 2021
AGAINST THE ORDER/JUDGEMENT IN AS 15/2017 OF SUB COURT,
OTTAPPALAM, PALAKKAD
PETITIONER/PLAINTIFF:
SALI @ CLAMANDEENA, AGED 61 YEARS
0
W/O PALLIPADAN VEETTIL CHAKKO, KANHOORKKARA,
KIZHAKKUMBHAGAM VILLAGE, ALUVA TALUK, ERNAKULAM
DISTRICT
BY ADVS.
K.MOHANAKANNAN
SRI.H.PRAVEEN (KOTTARAKARA)
SMT.T.V.NEEMA
SMT.A.R.PRAVITHA
SMT.D.S.THUSHARA
RESPONDENT/DEFENDANTS:
1 DHURA, S/O. RANGASWAMIKOUNDER, KARATHUR, PUDUR
AMSOM DESOM, MANNARKKAD, TALUK, PALAKKAD
DISTRICT-678 582
2 RAJENDRAN, AGED 46 YEARS, S/O. RANGASWAMIKOUNDER,
KARATHUR, PUDUR AMSOM DESOM, MANNARKKAD, TALUK,
PALAKKAD DISTRICT-678 582
3 JAYAPRAKASAN, AGED 26 YEARS, S/O. DHURA,
KARATHUR, PUDUR AMSOM DESOM, CHAVADIYUR
P.O,MANNARKKAD, TALUK, PALAKKAD DISTRICT-678 582
OTHER PRESENT:
PP MAYA M.N
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 27.05.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P(C).754/2021
2
JUDGMENT
Prayer sought by the petitioner in the original petition is for
an expeditious disposal of I.A.No.1323 of 2018 in A.S.No.15 of
2017 by which the petitioner/appellant sought adequate police
protection for putting up a barbed wire around the plaint schedule
property seen in Ext.C2 plan. This Court by an earlier order
directed the lower court to take up Ext.P6 application and dispose
it of. There was also a direction that, if an application for
temporary injunction is filed, that shall also be considered.
2. It seems that, the learned Sub Judge, Ottappalam by
her communication dated 30.03.2021 had informed that A.S.No.15
of 2017 pending before her Court was transferred to Additional
District Court/MACT, Ottappalam by order of the District Judge.
3. In the light of above, I am inclined to dispose of the
original petition itself without issuing notice to the respondents in
the nature of the limited prayer sought by the petitioner by
directing the Additional District Court/MACT to take up
I.A.No.1323 of 2018 in the appeal transferred to it which was
pending as A.S.No.15 of 2017 of the Sub Court, Ottappalam and to
pass appropriate orders within a period of three weeks from the
O.P(C).754/2021
date of receipt of a copy of this judgment or from the date of
lifting of the lock down, whichever is later. It is also made clear
that the petitioner shall ensure that, notice of the above I.A. is
served on the counsel for the respondents before the trial court
and completed the service. It is also made clear that, if any
application for injunction as already filed by the petitioner as
submitted by the learned counsel for the petitioner is pending, it
has also be considered by the court below along with I.A.No.1323
of 2018.
Original Petition is disposed of as above.
Sd/-
SUNIL THOMAS
JUDGE
Sbna/
O.P(C).754/2021
APPENDIX OF OP(C) 754/2021
ANNEXURE/EXHIBITS
EXHIBIT P1 TRUE COPY OF THE JUDGMENT IN OS
134/2012 OF THE MUNSIFF MAGISTRATE
COURT, MANNARKKAD, DATED 29.03.2017
EXHIBIT P2 TRUE COPY OF THE DECREE IN OS 134/2012
OF THE MUNSIFF MAGISTRATE COURT,
MANNARKKAD DATED 29.03.2017
EXHIBIT P3 TRUE COPY OF THE EP 106/2018 IN OS
1342012 OF MUNSIFF MAGISTRATE COURT,
MANNARKKAD, DATED 14.09.2018
EXHIBIT P4 TRUE COPY OF THE ORDER IN IA 798/2017
IN AS 15/2017 ISSUED BY THE SUB COURT,
OTTAPPALAM DATED 06.12.2018
EXHIBIT P5 TRUE COPY OF THE PETITION IN IA
NO.1323/2018 IN AS 15/2017 DATED
22.05.2018
