Famal Raj vs Sumal Raj
2021 Latest Caselaw 22691 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
         THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
FRIDAY, THE 19TH DAY OF NOVEMBER 2021 / 28TH KARTHIKA, 1943
                      OP(C) NO. 2151 OF 2021
   AGAINST THE ORDER IN IA 1/2020 IN OS 1164/2020 OF III
       ADDITIONAL MUNSIFF COURT, THIRUVANANTHAPURAM
PETITIONER/PLAINTIFF:

FAMAL RAJ
AGED 47 YEARS
S/O. ARUL RAJ, RESIDING AT T.C NO. 44/448, HOLLY CROSS,
VALIYATHURA, VALLAKKADAVU P.O, THIRUVANANTHAPURAM, PIN
CODE 695 008
          BY ADV D.GANESH KUMAR


RESPONDENT/S:

            SUMAL RAJ
            AGED 50 YEARS
            S/O. ARUL RAJ, RESIDING AT RESIDING AT T.C NO.
            44/452(S) HOLLY CORSS, MUTTATHARA VILLAGE,
            VALLAKKADAVU P.O, THIRUVANANTHAPURAM, PIN CODE
            695 008
     THIS     OP   (CIVIL)    HAVING   COME   UP    FOR    ADMISSION   ON
19.11.2021,    THE    COURT    ON   THE   SAME     DAY    DELIVERED    THE
FOLLOWING:
 O.P(C).No.2151 of 2021             2


                      A. BADHARUDEEN, J.
             ================================
                        O.P(C).No.2151 of 2021
             ================================
              Dated this the 19th day of November, 2021

                         JUDGMENT

The petitioner/plaintiff in O.S.No.1164/2020 pending

before the IIIrd Additional Munsiff Court, Thiruvananthapuram,

who is aggrieved in the matter of non disposal of I.A.No.1/2020

in the above case, a petition seeking interim injunction, has filed

this Original Petition under Article 227 of the Constitution of

India with a prayer to direct the learned Munsiff to expedite the

hearing of I.A.No.1/2020 in O.S.No.1164/2020 within a time

frame fixed by this Court.

Heard the learned counsel for the petitioner.

It is not in dispute that as per Order 39 Rule 3A of Code of

Civil Procedure, an application for injunction has to be finally

disposed of by the Munsiff within 30 days period. Despite this

statutory mandate, and on repeated applications for advancement

of hearing submitted by the petitioner, the Munsiff is not

disposing of I.A.No.1/2020, is the grievance of the petitioner.

Since the prayer is only to expedite the disposal of I.A.No.1/2020

in O.S.No.1164/2020, notice to the respondent is dispensed with.

In the result, the Original Petition is allowed. There shall be

a direction to the IIIrd Additional Munsiff Court,

Thiruvananthapuram to dispose of I.A.No.1/2020 in

O.S.No.1164/2020 within a period of 45 days from the date of

receipt of a copy of this judgment or its production by the parties

concerned.

Sd/-

(A. BADHARUDEEN, JUDGE) rtr/

APPENDIX OF OP(C) 2151/2021

PETITIONER'S EXHIBITS

Exhibit P1 TRUE COPY OF THE PLAINT IN O.S NO. 1164 OF 2020 PENDING BEFORE THE IIIRD ADDITIONAL MUNSIFF'S COURT, THIRUVANANTHAPURAM.

Exhibit P2 TRUE COPY OF IA NO 1 OF 2020 IN O.S NO.

1164 OF 2020 PENDING BEFORE THE IIIRD ADDITIONAL MUNSIFF'S COURT, THIRUVANANTHAPURAM.

Exhibit P3 TRUE COPY OF I.A NO. 3 OF 2020 IN O.S NO. 1164 OF 2020 PREFERRED BEFORE THE IIIRD ADDITIONAL MUNSIFF'S COURT, THIRUVANANTHAPURAM.

Exhibit P4 TRUE COPY OF APPLICATION FOR ADVANCEMENT OF HEARING SUBMITTED BY THE PETITIONER AS I.A NO.4 OF 2021 BEFORE THE IIIRD ADDITIONAL MUNSIFF'S COURT, THIRUVANANTHAPURAM.

Exhibit P5 TRUE COPY OF APPLICATION FOR ADVANCEMENT OF HEARING SUBMITTED BY THE PETITIONER AS I.A NO. 5 OF 2021 BEFORE THE IIIRD ADDITIONAL MUNSIFF'S COURT, THIRUVANANTHAPURAM.

Exhibit P6 TRUE COPY OF APPLICATION FOR ADVANCEMENT OF HEARING SUBMITTED BY THE PETITIONER AS I.A NO. 6 OF 2021 BEFORE THE IIIRD ADDITIONAL MUNSIFF'S COURT, THIRUVANANTHAPURAM.

Exhibit P7 TRUE COPY OF APPLICATION FOR ADVANCEMENT OF HEARING SUBMITTED BY THE PETITIONER AS I.A NO. 7 OF 2021 BEFORE THE IIIRD ADDITIONAL MUNSIFF'S COURT, THIRUVANANTHAPURAM.