Kerala High Court
Prasad vs Suseela on 29 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
WEDNESDAY, THE 29TH DAY OF JUNE 2022 / 8TH ASHADHA, 1944
OP(C) NO. 1128 OF 2022
IA NO.2/2022 IN OS 364/2022 OF III ADDITIONAL MUNSIFF COURT,
ERNAKULAM (RENT CONTROL)
PETITIONER/1ST RESPONDENT/1ST DEFENDANT:
PRASAD
AGED 57 YEARS
S/O LATE NARAYANAN, THUNDIPARAMBIL,
AYYANKALI ROAD, PUNITHURA,
KOCHI - 682038,ERNAKULAM DISTRICT.
BY ADVS.
K.REGHU KOTTAPPURAM
R.MAHESH (KOTTAPPURAM)
MURUKESH REGHU
RESPONDENTS/PETITIONER AND 2ND RESPONDENT/PLAINTIFF AND 2ND
DEFENDANT:
1 SUSEELA
AGED 61 YEARS
W/O SUBRAMANIAN, PADACHIRA HOUSE,
AYYANKALI ROAD, POONITHURA, KOCHI
PIN - 682038
2 VENUGOPAL
AGED 58 YEARS
S/O LATE NARAYANAN, THUNDIPARAMBIL HOUSE, AYYANKALI
ROAD,PUNITHURA, KOCHI -682038, ERNAKULAM DISTRICT
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 29.06.2022,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C) NO. 1128 OF 2022
2
JUDGMENT
Dated this the 29th day of June, 2022
This Original Petition has been filed under Article 227
of the Constitution of India.
2. The petitioner herein is the 1st defendant in
O.S.No.364 of 2022 and he seeks early disposal of I.A.No.2
of 2022, interim injunction application, pending before the
Additional Munsiff Court-III, Ernakulam.
3. According to the learned counsel for the
petitioner, the 1st respondent herein/the plaintiff in the
above Suit obtained an interim ex parte injunction as
Ext.P5 and thereby the petitioner's right to use a pathway,
which was purchased by the defendant as per Ext.P1 sale
deed, was restrained in a manner and thereby the
petitioner could not carry vehicles through the said
pathway. He also submitted that the petitioner is a poor
man, having cattle to carry on through the way and
because of the interim ex parte injunction and hesitance
OP(C) NO. 1128 OF 2022
on the part of the trial court to dispose of the same on
merits, the petitioner has been suffering and therefore, an
early disposal of I.A.No.2 of 2022 on merits, particularly, in
view of Ext.P1 sale deed is absolutely necessary.
4. Since the prayer is only to direct the trial court
to hear and dispose of I.A.No.2 of 2022 in O.S.No.364 of
2022 in the context of submission made, notice to the
other side is dispensed with. In fact, it is the statutory
mandate for the court under Order 39 Rule 3A of CPC to
dispose of injunction application, where an injunction has
been granted without notice within thirty days.
In view of the matter, there shall be a direction to the
Additional Munsiff Court-III, Ernakulam to hear and dispose
of I.A.No.2 of 2022 in O.S.No.364 of 2022 on merits, after
hearing both sides and addressing the contentions raised
by the petitioner as discussed above, within a period of
two weeks, from the date of receipt or production of a
copy of this judgment.
OP(C) NO. 1128 OF 2022
This Original Petition (Civil) stands allowed as
indicated above.
Registry is directed to forward a copy of this
judgment to the court below concerned, within seven
days, for compliance and information.
Sd/-
A. BADHARUDEEN
JUDGE
nkr
OP(C) NO. 1128 OF 2022
APPENDIX OF OP(C) 1128/2022
PETITIONER EXHIBITS
Exhibit P1 A PHOTO COPY OF SALE DEED NO.4899/95
OF S R O MARADU DATED 19.10.1995
Exhibit P2 A PHOTO COPY OF LAND TAX RECEIPT DATED
19-01-2022 ISSUED BY THE POONITHURA
VILLAGE OFFICE
Exhibit P3 A PHOTO COPY OF PLAINT IN O.S.NO.
364/2022 ON THE FILE OF THE III
ADDITIONAL MUNSIFF COURT, ERNAKULAM
DATED 07.04.2022
Exhibit P4 A PHOTO COPY OF PETITION FOR
INJUNCTION IN I.A. NO.2/2022 IN O.S
NO.364/2022 ACCOMPANIED BY AFFIDAVIT
DATED 07.04.2022
Exhibit P5 A PHOTOCOPY OF ORDER OF EXPARTE
INTERIM INJUNCTION IN I.A. NO.2/2022
IN O.S. NO.364/2022 PASSED BY THE III
ADDITIONAL MUNSIFF COURT, ERNAKULAM
DATED 08.04.2022
Exhibit P6 A PHOTOCOPY OF COUNTER AFFIDAVIT IN
I.A.NO.2 /2022 IN O.S.NO.364/2022
FILED BY THE PETITIONER DATED
21.05.2022
