U.S Kareem vs Kerala State Electricity Board ...
2022 Latest Caselaw 10158 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
               THE HONOURABLE MR.JUSTICE C.S.DIAS
  THURSDAY, THE 15TH DAY OF SEPTEMBER 2022 / 24TH BHADRA, 1944
                     OP(C) NO. 1674 OF 2022
AGAINST THE ORDER IN IA 86/2021 IN O.S.NO.30/2021 OF ADDITIONAL
                    MUNSIFF COURT, PALAKKAD
PETITIONER/1ST DEFENDANT:

          U.S KAREEM,
          AGED 56 YEARS,
          S/O SULAIMAN, UPPUTTIL HOUSE, MUDICKAL P
          0,KUNNATHUNADU TALUK, ERNAKULAM DISTRICT ,
          PIN - 683547

          BY ADV SIRAJ KAROLY


RESPONDENTS/ PLAINTIFF & DEFENDANTS 2 TO 5:

    1     KERALA STATE ELECTRICITY BOARD LIMITED
          REGISTERED OFFICE AT VYDYUTHI BHAVANAM PATTAM
          THRIUVANANTHAPURAM REPRESENTED BY , PRINCIPAL
          OFFICER, MUNNA,
          AGED 48 YEARS, ASSISTANT EXECUTIVE ENGINEER, ERECTION
          SUB DIVISION,
          KERALA STATE ELECTHCITY BOARD LIMITED, MALAMPUZHA ,
          PALAKKAD , PIN - 687651

    2     ASHOK.KUMAR M.G,
          AGED 44 YEARS,
          S/O K.A GOPALAKRISHNAN, KRISHNA
          NILAYAM, NEAR GOVERNMENT HIGH SCHOOL,
          KANJIKKODE, PUDUSSSERY
          CENTRAL, PALAKKAD, PIN - 678621

    3     STAISAN M D,
          AGED 41 YEARS,
          FATHER'S NAME NOT KNOWN, AGED 41 YEARS, MELEDATHU
          HOUSE, OIIUR, THRISSUR DISTRICT, PIN - 680322

    4     DISTRICT INDUSTRIES OFFICER,
          DISTRICT INDUSTRIES CENTRE, PALAKKAD ,
          PIN - 678001
 O.P.(C)No.1674/2022

                                 -:2:-




      5       STATE OF KERALA,
              REPRESENTED BY DISTRICT COLLECTOR,
              PALAKKAD DISTRICT , PIN - 678001

              BY ADV R.HARISHANKAR

      THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
15.09.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 O.P.(C)No.1674/2022

                                    -:3:-




                Dated this the 15th day of September,2022

                            JUDGMENT

The original petition is filed, to direct the Court of

the Additional Munsiff, Palakkad, to consider and dispose

of I.A.No.86/2021 in O.S.No.30/2021(Ext.P2) within a

time frame.

2. Pursuant to the order dated 01.09.2022 passed

by this Court, the learned Principal Munsiff(in charge of

Additional Munsiff) by communication dated 05.09.2022,

has informed this Court that the application was filed

along with the suit on 08.01.2021. Objection has been

filed. However, as there was no sitting in that court, the

application stands posted to 13.09.2022. The court below

would make an earnest effort to dispose of the

application within three months.

3. Heard; Siraj Karoly, the learned counsel

appearing for the petitioner, Sri. R.Harishankar, the

learned counsel appearing for the first respondent and O.P.(C)No.1674/2022

the learned Government Pleader appearing for the

respondents 4 and 5.

In the light of the pleadings and materials on

record and after perusing the communication of the

learned Munsiff, and particularly considering the

statutory stipulation under Order XXXIX Rule 3A of the

Code of Civil Procedure,1908, I direct the Court of the

Additional Munsiff, Palakkad, to consider and dispose of

I.A.No.86/2021 in O.S.No.30/2021, in accordance with

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

period of 30 days from today.

The original petition is ordered accordingly.

Sd/-

                                        C.S.DIAS,JUDGE

DST/15.09.22                                            //True copy/

                                                        P.A.To Judge
 O.P.(C)No.1674/2022






                             APPENDIX



PETITIONER EXHIBITS
EXHIBIT P1          TRUE COPY OF THE PLAINT LN O.S 30/2021 ON

THE FILE OF THE HON'BLE ADDITIONAL MUNSIFF'S COURT, PALAKKAD DATED 8.1.2021

EXHIBIT TRUE COPY OF THE INTERLOCUTORY APPLICATION NO. 86 OF 2021 .IN O.S. NO.30 OF 2021 FILED BY THE .1ST RESPONDENT DATED 8.1.2021

EXHIBIT P3 TRUE COPY OF THE ORDER OF INJUNCTION IN OS 30 OF 2021 DATED 8.1.2021 PASSED BY THE HON'BLE ADDITIONAL MUNSIFF'S COURT, PALAKKAD

EXHIBIT P4 TRUE COPY OF THE AGREEMENT BY WHICH THE PETITIONER HEREIN WAS ALLOTTED THE LAND FOR INDUSTRIAL PURPOSE BY THE 4TH RESPONDENT HEREIN. DATED 30.9.2020

EXHIBIT P5 TRUE COPY OF THE COUNTER DATED 21.1.2021 FILED BY THE LST DEFENDANT THEREIN LST PETITIONER HEREIN

EXHIBIT P6 TRUE COPY OF THE POSSESSION CERTIFICATE OF THE PROPERTY IN FAVOUR OF THE PETITIONER HEREIN DATED 13.1.2021

RESPONDENTS' EXHIBITS: NIL