Sudhakaran vs Bindu
2021 Latest Caselaw 21721 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
           THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
  TUESDAY, THE 2ND DAY OF NOVEMBER 2021 / 11TH KARTHIKA,
                                      1943
                        OP(C) NO. 1291 OF 2019
 AGAINST THE ORDER/JUDGMENT IN OS 243/2017 OF ADDITIONAL
                 SUB COURT, IRINJALAKUDA, THRISSUR
PETITIONER:

               SUDHAKARAN,
               AGED 63 YEARS,
               S/O.KRISHNAN, KIZHUVATTIL HOUSE,
               KADUPPASSERY VILLAGE,
               THOMMANA DESOM, PIN- 680683.

               BY ADVS SRI.K.S.BHARATHAN
                       SRI.ABEL ANTONY
RESPONDENTS:

    1          BINDU, AGED 40 YEARS
               S/O.KUNNAN JACOB, PORUNNUKUNNU DESOM,
               ALOOR VILLAGE, CHALAKUDY TALUK,
               VELLANCHIRA P.O., PIN- 680683.

    2          LOKANANDAN, AGED 50 YEARS
               S/O.RAGHAVAN, KADALIKKATTIL HOUSE,
               KADUPPASSERY VILLAGE, AVITTATHUR DESOM,
               MUKUNDAPURAM TALUK,
               AVITTATHUR P.O., PIN- 680683.

               BY ADV. SRI.DEEPU LAL MOHAN


        THIS    OP   (CIVIL)    HAVING       COME   UP    FOR    ADMISSION   ON
02.11.2021,       THE   COURT    ON    THE     SAME      DAY    DELIVERED    THE
FOLLOWING:
 O.P.(C) No.1291 of 2019

                                 2



                            JUDGMENT

The petitioner, who is dissatisfied

with Ext.P5 order, (order in I.A.No.498/2017

in O.S.No.243/2017 on the file of Principal

Munsiff, Irinjalakuda), whereby interim

injunction was vacated, and later confirmed

as per Ext.P6 (order in C.M.A No.12/2017) by

the Sub Court, Irinjalakuda has approached

this Court challenging the said orders.

2. When the matter is taken up for

hearing, it is submitted by the learned

counsel for the petitioner that the

petitioner is aggrieved in the matter of

some observations made in Exts.P5 and P6,

which would prejudice the right of the

petitioner in adjudicating the matter fairly

and independently during trial. It is

submitted further that after making an order

to dispose of the matter untrammelled by O.P.(C) No.1291 of 2019

observation in Exts.P5 and P6, the Original

Petition itself can be disposed of with a

direction to the trial court to dispose of

the Suit itself within a reasonable time.

3. This prayer, in fact, not opposed

from the side of the respondents.

Hence, this Original Petition is

disposed of holding that the trial court

shall try and dispose the Original Suit

No.243/2017 on the file of the Principal

Munsiff's Court, Irinjalakuda untrammelled

by the observations made in Exts.P5 and P6

and purely based on the evidence available

or to be adduced during trial. Having

considered the fact that this Suit is of the

year 2017, trial court is directed to

expedite the Suit and dispose the same, at

any rate within six months from the date of

production of the copy of the judgment or O.P.(C) No.1291 of 2019

receipt of judgment from this Court.

This Original Petition is disposed

of, accordingly.

Sd/-

A.BADHARUDEEN, JUDGE.

ww O.P.(C) No.1291 of 2019

APPENDIX OF OP(C) 1291/2019

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE PLAINT IN O.S.NO.243 OF 2017 DATED 23.01.2017.

EXHIBIT P2 TRUE COPY OF WRITTEN STATEMENT FILED IN O.S.NO.243 OF 2017 BEFORE HON'BLE PRINCIPAL MUNSIFF COURT, IRIJNALAKUDA.

EXHIBIT P3 TRUE OF I.A.NO.498 OF 2017 FILED BEFORE THE HON'BLE PRINCIPAL MUNSIFF COURT, IRIJNALAKUDA.

EXHIBIT P4 TRUE COPY OF THE OBJECTION FILED IN I.A.NO.498 OF 2017 BEFORE THE HON'BLE PRINCIPAL MUNSIFF COURT, IRIJNALAKUDA.

EXHIBIT P5 TRUE COPY OF THE ORDER DATED 04.04.2017 IN I.A.NO.498/2017 IN O.S.NO.243 OF 2017 PASSED BY THE HON'BLE PRINCIPAL MUNSIFF COURT, IRIJNALAKUDA.

EXHIBIT P6 TRUE COPY OF JUDGMENT DATED 06.03.2019 IN C.M.A.NO.12 OF 2017 BEFORE THE HON'BLE SUB COURT, IRIJNALAKUDA.

RESPONDENTS' EXHIBITS:

EXHIBIT R1(A) THE PHOTOCOPY OF ORDER DATED 27.01.2017 IN I.A. NO. 498/2017 IN O.S. NO. 243/2017 ON THE FILES OF THE MUNSIFF COURT, IRINJALAKUDA.

EXHIBIT R1(B) THE PHOTOCOPY OF WRITTEN STATEMENT DATED 07.06.2017 FILED BY THE 2ND DEFENDANT IN O.S. NO. 243/2017 ON THE FILES OF THE MUNSIFF COURT, IRINJALAKUDA.

O.P.(C) No.1291 of 2019

EXHIBIT R1(C) THE PHOTOCOPY OF PLAINT IN O.S.NO.3674/2015 ON THE FILES OF THE MUNSIFF COURT, IRINJALAKUDA.

EXHIBIT R1(D) THE PHOTOCOPY OF I.A. NO. 7419/2015 IN O.S. NO. 3674/2015 ON THE FILES OF THE MUNSIFF COURT, IRINJALAKUDA.

EXHIBIT R1(E) THE PHOTOCOPY OF ORDER DATED 03.10.2015 IN I.A. NO. 7419/2015 IN O.S. NO.3674/2015 ON THE FILES OF THE MUNSIFF COURT, IRINJALAKUDA.