Anas vs K.Abdul Rahim
2023 Latest Caselaw 5241 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
         THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
 THURSDAY, THE 20TH DAY OF APRIL 2023 / 30TH CHAITHRA, 1945
                     OP(C) NO. 979 OF 2023
  AARISING FROM THE PROCEEDINGS IN OS 1000 OF 2022 PENDING
        BEFORE THE ADDITIONAL MUNSIFF COURT, KOLLAM
PETITIONER/PETITIONER/ORIGINAL PLAINTIFF:

         ANAS
         AGED 30 YEARS
         S/O.YUSUF KUNJU, RESIDING AT MARAVARAYYATH VEEDU,
         MULLIKKALA, THEVALAKKARA, KOLLAM., PIN - 690524
         BY ADV.
         ARUN BABU


RESPONDENT/RESPONDENTS/ORIGINAL DEFENDANTS:

    1    K.ABDUL RAHIM
         AGED 58 YEARS
         S/O.IBRAHIMKUTTY, RESIDING AT RIZWAN COTTAGE,
         THRIKKADAVOOR, ANCHALUMMOODU P.O, KOLLAM
         REPRESENTED BY HIS POWER OF ATTORNEY HOLDER,
         T.JAYPRAKAKASH, AGED 65 YEARS, S/O.THANKAPPAN,
         RESIDING AT ARYA BHAVAN, NO: 110, M.G.NAGAR,
         KANNIMEL CHERRY, KILIKOLLOOR, KOLLAM.,
         PIN - 691004
    2    T.JAYPRAKAKASH
         AGED 65 YEARS
         S/O.THANKAPPAN, RESIDING AT ARYA BHAVAN, NO: 110,
         M.G.NAGAR, KANNIMEL CHERRY, KILIKOLLOOR, KOLLAM.,
         PIN - 691004
     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
20.04.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
                                     2
O.P.(C) No.979 of 2023



                          JUDGMENT

P.G.Ajithkumar, J.

The petitioner is the plaintiff in O.S.No.1000 of 2022

on the file of the Additional Munsiff, Kollam. He has filed

I.A.No.4 of 2022 in that suit seeking a temporary

prohibitory injunction. That application was filed on

11.04.2023. Grievance of the petitioner is that the learned

Munsiff did not consider and pass orders on that

application despite appraising the urgency of the matter by

filing an application to advance the hearing of the case.

The petitioner therefore filed this original petition under

Article 227 of the Constitution of India seeking to direct

the Additional Munsiff, Kollam to dispose of I.A.No.4 of

2023 in O.S.No.1000 of 2022 within a time frame fixed by

this Court.

2. Heard the learned counsel appearing for the

petitioner.

3. O.S.No.1000 of 2022 along with I.A.No.4 of

2023 is now posted to 19.06.2023. The Civil Courts in the

O.P.(C) No.979 of 2023

State are closed from 17.04.2023 till 19.05.2023. During

the said period, Civil Courts are prohibited from hearing

and disposing any matter. However, a Judge, nominated by

the High Court under the provisions of Section 19(2) of the

Kerala Civil Courts Act, 1957 is empowered to consider and

decide urgent matters pending before all the Courts

subordinate to such nominated Judge within the District.

Even if a direction as prayed by the petitioner is granted,

the learned Munsiff would be able to hear and decide

I.A.No.4 of 2023 only after 20.05.2023 on which date, Civil

Courts in the State are reopening after summer recess.

4. In the said circumstances, there is no purpose

in granting an order as sought by the petitioner. The

petitioner can, however, approach the Vacation Judge,

Kollam, who is nominated under Section 19(2) of the

Kerala Civil Courts Act and apprise the urgency, so that the

said Court can consider the matter in accordance with law

during the period of vacation itself.

With the aforesaid observations, this original petition

O.P.(C) No.979 of 2023

is disposed of.

Sd/-

P.G. AJITHKUMAR, JUDGE PV

O.P.(C) No.979 of 2023

APPENDIX OF OP(C) 979/2023

PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE PLAINT IN OS 1000/2022 OF ADDITIONAL MUNSIFF COURT KOLLAM ExhibitP2 THE TRUE COPY OF THE ORDER DATED 22/12/2022 IN IA 1/2022 IN OS 1000/2022 OF ADDITIONAL MUNSIFF COURT KOLLAM ExhibitP3 THE TRUE COPY OF THE IA 4/2023 DATED 11/04/23 IN OS 1000/2022 OF ADDITIONAL MUNSIFF COURT KOLLAM ExhibitP4 THE TRUE COPY OF THE IA 5/2023 IN OS 1000/2022 OF ADDITIONAL MUNSIFF COURT KOLLAM ExhibitP5 THE TRUE COPY OF THE COMPLAINT DATED 14/04/2023 FIELD BY THE PETITIONER BEFORE SHO ANCHALUMOOD