Augusthy vs Biju
2022 Latest Caselaw 6399 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
                 THE HONOURABLE MR.JUSTICE C.S.DIAS
      FRIDAY, THE 3RD DAY OF JUNE 2022 / 13TH JYAISHTA, 1944
                       OP(C) NO. 621 OF 2020
IN I.A NO.2076 OF 2019 IN OS 189/2019 OF MUNSIFF COURT, CHALAKUDY
PETITIONER:

          AUGUSTHY
          AGED 60 YEARS
          S/O NALPPADAN MATHAI,KORATTY PALLIKULAM DESOM,MURINGOOR
          THEKKUMMURI VILLAGE,CHALAKUDY TALUK,THRISSUR.

          BY ADV V.M.KRISHNAKUMAR



RESPONDENT:

          BIJU, AGED 43 YEARS
          S/O NALPPADAN THOMAS,KORATTY PALLIKULAM DESOM,
          MURINGOOR THEKKUMMURI VILLAGE,CHALAKUDY TALUK,THRISSUR.

          BY ADV SRI.CIBI THOMAS




     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 03.06.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO. 621 OF 2020             2



              Dated this the 3rd day of June, 2022

                           JUDGMENT

The original petition is filed to set aside the order

passed in I.A. No.2076/2019 (Exhibit P3) in O.S.No.189 of

2019 of the court of the Munsiff, Chalakkudy.

2. The petitioner has filed the above suit, interalia,

seeking a decree of permanent prohibitory injunction

against the respondent. He had taken out an Advocate

Commission, who has filed Exhibit P2 report.

Subsequently, the defendant has filed I.A. No.2076/2019,

seeking the maintenance of status quo based on the

commission report. The Trial Court, after considering the

rival contentions, has passed Exhibit P3 order on

28.09.2019 directing the parties to maintain status quo

based on Exhibit P3. Hence, the original petition.

3. Heard the learned counsel appearing for the

petitioner and the learned counsel appearing for the

respondent.

4. Even though this original petition was filed on

02.03.2020, it has not been admitted till date and no

interim order has been passed.

5. In the above facts and circumstances, I am of the

firm view that this original petition can give a quietus, by

directing the Trial Court to consider and dispose of the

suit, within a time frame.

In the result, this original petition is disposed of by

directing the court of the Munsiff, Chalakkudy to consider

and dispose of O.S. No.189/2019, in accordance with law,

as expeditiously as possible, at any rate, within a period

of six months from the date of receipt of a certified copy

of this judgment. The parties shall maintain status quo,

as per Exhibit P3 until such time.

Sd/-

C.S.DIAS, JUDGE

rmm3/06/2022

APPENDIX OF OP(C) 621/2020

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE PLAINT IN O.S.N0.189/2019 OF THE MUNSIFF COURT CHALAKUDY.

EXHIBIT P2 TRUE COPY OF THE COMMISSION REPORT AND PLAN IN O.S.189 OF 2019 DATED 20.5.2019.

EXHIBIT P3 TRUE COPY OF THE ORDER IN IA.N0.2076 OF 2019 IN O.S.189 OF 2019 DATED 28.09.2019 OF THE MUNSIFF COURT,CHALAKUDY.

RESPONDENT'S EXHIBITS      NIL