Gangadharan vs Santha
2021 Latest Caselaw 18889 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR.JUSTICE V.G.ARUN
     FRIDAY, THE 10TH DAY OF SEPTEMBER 2021 / 19TH BHADRA, 1943
                       OP(C) NO. 1312 OF 2021
AGAINST THE ORDER/JUDGMENT IN CMA 90/2019 OF III ADDITIONAL DISTRICT
                      COURT, PALAKKAD, PALAKKAD
PETITIONER/S/APPELLANT/RESPONDENT/DEFENDANT:

           GANGADHARAN
           AGED 56 YEARS
           S/O MADHAVAN, CHATTIYODE HOUSE, POTHUNDI POST, NENMARA
           VILLAGE, CHITTUR TALUK, PALAKKAD DISTRICT-678 508.

           BY ADVS.
           SAJAN VARGHEESE K.
           LIJU. M.P
           JOPHY POTHEN KANDANKARY



RESPONDENT/S/RESPONDENT/PETITIONER/PLAINTIFF:

           SANTHA
           S/O LATE SREEDHARAN, SARITHA NIVAS, MANNAMBARAMBU,
           ELAVANCHERRY POST, CHITTUR TALUK, PALAKKAD DISTRICT-678
           508.

           BY ADVS.
           RAJESH SIVARAMANKUTTY
           K.V.ANTONY
           ARUL MURALIDHARAN




     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 10.09.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO. 1312 OF 2021
                                  2



                          JUDGMENT

The defendant in O.S.No.243 of 2019 on the files of the

Munsiff's Court, Chittur has filed the original petition,

aggrieved by the order in I.A.No.880 of 2019 whereby

interim injunction is granted in favour of the plaintiff and

affirmed by the order in CMA No.19 of 2019 of the Additional

District Court - III, Palakkad.

2. Learned Counsel for the petitioner submitted that

the petitioner will be satisfied, with a direction to expedite

the suit to render the decision thereon, uninfluenced by the

findings in the impugned orders. The request is not objected

by the learned Counsel for the respondent.

Accordingly, the Original Petition is disposed of,

directing the Munsiff, Chittur to take earnest efforts to

dispose O.S.No.243 of 2019 within six months of completion OP(C) NO. 1312 OF 2021

of pretrial steps. Needless to state that the suit will be

decided, uninfluenced by the findings in the order impugned

herein and based on the evidence tendered by the parties.

Sd/-

V.G.ARUN JUDGE

RK OP(C) NO. 1312 OF 2021

APPENDIX OF OP(C) 1312/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE PLAINT AGAINST THE JUDGMENT DATED 22.12.2020 PASSED IN OS NO 243/2019 ON THE FILE OF MUNSIFFS COURT, CHITTUR

Exhibit P2 TRUE COPY OF THE DEED NO 294/2004 OF SRO, NENMARA,

Exhibit P3 TRUE COPY OF THE WRITTEN STATEMENT FILED IN EXHIBIT P1 SUIT

Exhibit P4 TRUE COPY OF THE DEED NO 724/1998 OF SRO, NENMARA

Exhibit P5 TRUE COPY OF THE DEED NO 1905/2007 OF SRO, NENMARA

Exhibit P6 TRUE COPY OF THE DOCUMENT LIST DATED 11.7.2019 PRESENTED IN EXHIBIT P1 SUIT

Exhibit P7 TRUE COPY OF IA NO 880/2019 FILED IN EXHIBIT P1 SUIT

Exhibit P8 TRUE COPY OF THE OBJECTION FILED IN EXHIBIT P7 PETITION

Exhibit P9 TRUE COPY OF THE COMMISSION REPORT DATED 12.7.2019 SUBMITTED IN EXHIBIT P1 SUIT

Exhibit P10 TRUE COPY OF THE ORDER DATED 30.8.2019 PASSED IN EXHIBIT P7 APPLICATION

Exhibit P11 TRUE COPY OF THE JUDGMENT DATED OP(C) NO. 1312 OF 2021

22.12.2020 PASSED IN CMA NO 90/2019 ON THE FILE OF ADDITIONAL DISTRICT JUDGE-11, PALAKKAD