K.K.Mathew vs Sandes Savio Jose
2021 Latest Caselaw 21728 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. 1980 OF 2021
PETITIONERS/RESPONDENTS:

    1     K.K.MATHEW
          AGED 59 YEARS
          S/O KURIAN ALIAS KURIAKOSE,
          RESIDING AT KIZHAKKEKARA HOUSE, MADATHIL,
          IRITTY, PIN-670 704.

    2     COLIN ALEX
          AGED 27 YEARS
          S/O. K.K.CHANDY, RESIDING PERMANENTLY AT
          KIZHAKKEKARA HOUSE, MADATHIL, IRITTY, PIN-670 704.

          BY ADVS.
          T.K.VIPINDAS
          K.V.SREE VINAYAKAN



RESPONDENT/APPELLANT:

          SANDES SAVIO JOSE
          S/O. JOSEPH, RESIDING AT MYALIL GRACE VILLA,
          KARIKKOTTAKKARI, AYYANKUNNU AMSOM, DESOM, P.O.
          KOOMANTHODE, IRITTY TALUK, PIN-670 704.


     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 02.11.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO. 1980 OF 2021
                                      2



                              JUDGMENT

The short prayer in this original petition is for a direction to

the Principal Sub Court, Thalassery to dispose of

C.M.A.No.14/2021 pending before that court.

2. Heard the learned counsel for the petitioner.

According to the learned counsel for the petitioner the interim

mandatory injunction to remove the obstruction created in the

pathway during the pendency of the suit has been ordered to be

restored by the Munsiff, is under challenge in C.M.A. No.14/2021

and the petitioner is facing difficulties to use the pathway in view

of the obstruction. So much so, an early disposal of

C.M.A.No.14/2021 is necessary to address the grievance of the

petitioner. Going by the records this submission appears to be

convincing. Since the prayer is only to expedite disposal of

C.M.A.No.14/2021 notice to the respondent is dispensed with.

3. Accordingly, this O.P. is allowed and the learned

Principal Sub Judge, Thalassery is directed to expedite hearing in

C.M.A.No.14/2021 and to dispose of the same within 45 days from

date of production or receipt of a copy of this judgment in this

matter.

OP(C) NO. 1980 OF 2021

The Registry is directed to forward a copy of this judgment

within 7 days.

Sd/-

A. BADHARUDEEN JUDGE scs OP(C) NO. 1980 OF 2021

APPENDIX OF OP(C) 1980/2021

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE PLAINT IN O.S.NO.430/2020 ON THE FILE OF MUNSIFF'S COURT, KUTHUPARAMBA DATED 17.12.2020.

Exhibit P2 THE TRUE COPY OF THE REPORT OF THE ADVOCATE COMMISSIONER DATED 20.1.2021.

Exhibit P3 THE TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE PETITIONERS HEREIN DATED 9.4.2021.

Exhibit P4 THE TRUE COPY OF THE 2ND REPORT OF THE ADVOCATE COMMISSIONER DATED 17.2.2021.

Exhibit P5 THE TRUE COPY OF THE PHOTOGRAPHS SHOWING THE HIGHHANDED ACTS OF RESPONDENT ILLEGALLY CONSTRUCTING AN ARTIFICIAL WALL ACROSS PLAINT 'B' SCHEDULE WAY WITH HELP OF HIS WORKERS AND GOONDAS.

Exhibit P6 THE TRUE COPY OF THE I.A.NO.7/2021 IN O.S.NO.430/2020 FILED BY THE PETITIONERS DATED 20.1.2021.

Exhibit P7 THE TRUE COPY OF THE ORDER IN I.A.NO.7/2021 IN O.S.NO.430/2020 DATED 9.4.2021.

Exhibit P8 TRUE COPY OF CMA 14/2021 ON THE FILE OF COURT OF PRINCIPAL SUB COURT, THALASSERY DATED 18.6.2021.

Exhibit P9 THE TRUE COPY OF THE COUNTER STATEMENT FILED THE 2ND PETITIONER HEREIN IN I.A.NO.2/2021 IN C.M.A. NO.14/2021 DATED 13.7.2021.

OP(C) NO. 1980 OF 2021

Exhibit P10 TRUE COPY OF THE INTERLOCUTORY APPLICATION FILED BY THE PETITIONERS AS I.A.9/2021 DATED 20.6.2021.