Salim Rawther vs Shereef
2023 Latest Caselaw 6551 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
               THE HONOURABLE MR. JUSTICE P.SOMARAJAN
     TUESDAY, THE 13th DAY OF JUNE 2023 / 23RD JYAISHTA, 1945
                       OP(C) NO. 1186 OF 2023
 AGAINST THE ORDER DATED 04.03.2023 IN I.A.No.2/2023 IN CMA 24 &
       25/2022 OF ADDITIONAL DISTRICT COURT-I, MAVELIKKARA
          O.S.No.111/2022 OF MUNSIFF COURT, MAVELIKARA
PETITIONER:

          SALIM RAWTHER, AGED 67 YEARS,
          S/o NAGOOR MEERAN RAWTHER, MOONNUPEEDIKAYIL,
          L.S.O.P KOTTAKKATTUSSERI, THAMARAKULAM VILLAGE,
          CHARUMMOODU P.O, ALLEPPEY, PIN - 690505

          BY ADVS. K.A.HASSAN
                   JULIA PRIYA RESHMY



RESPONDENT:

          SHEREEF, S/o SHAIKH MYDEEN RAWTHER,
          PALAVILA VADAKKETHIL, KOMALLOOR P.O,
          CHUNAKKARA VILLGE, MAVELIKKARA TALUK,
          PIN - 690505


     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 13.06.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) No.1186 of 2023                       2



                                    JUDGMENT

This original petition came up for admission today.

Heard the counsel for petitioner. It is pertaining to an

injunction granted at the interim stage of the suit in

favour of the defendant, the plaintiff came up.

Admittedly, interim injunction was granted after

affording an opportunity of hearing to both the parties.

It was taken up by the defendant in appeal as CMA

Nos.24/2022 and 25/2022. In appeal also, the plaintiff

failed and the appellate court confirmed the order of

interim injunction, against which the plaintiff came up

under Article 227 of the Constitution.

In fact, both the courts below concurrently found

that the defendant is entitled to the grant of temporary

injunction on satisfaction of prima facie debatable case

in favour of the defendant to prevent the likelihood of

irreparable injury. The said finding rendered by both the

trial court and the first appellate court cannot be

interfered with under Article 227 of the Constitution,

unless there is warranting reason. No such warranting

reason was brought to the notice of this court. At the

fag end, the learned counsel for the petitioner fairly

submitted that direction may be issued to the trial court

for disposal of the suit at the earliest. Hence, notice

to the respondent is dispensed with. There will be a

direction to the trial court to dispose of the suit

within a time schedule of 8 months from the next posting

date. With that direction, the original petition will

stand dismissed in limine.

Sd/-

P.SOMARAJAN JUDGE DMR/-

APPENDIX OF OP(C) 1186/2023

PETITIONER's EXHIBITS

Exhibit P1 THE TRUE COPY OF THE COMPLAINT DATED 21.3.2022 FILED BY THE 2ND RESPONDENT

Exhibit P2 THE TRUE COPY OF THE COMPLAINT DATED 1.4.2022 FILED BY THE 2ND RESPONDENT

Exhibit P3 THE TRUE COPY OF THE LETTER NUMBER A4/1491/22 DATED 26.03.2022

Exhibit P4 THE TRUE COPY OF THE REPLY NOTICE DATED 31.3.2022

Exhibit P5 THE TRUE COPY OF THE LETTER DATED 20.4.22

Exhibit P6 THE TRUE COPY OF THE LETTER NUMBER A4/1491/22 DATED 17.6.2022

Exhibit P7 THE TRUE COPY OF THE REPLY NOTICE DATED 7.7.2022

Exhibit P8 THE TRUE COPY OF THE PLAINT IN O.S.111/2022 BEFORE THE MUNSIFF COURT, MAVELIKKARA

Exhibit P9 THE TRUE COPY OF THE COMMISSIONER REPORT IN O.S.111/2022 BEFORE THE MUNSIFF COURT, MAVELIKKARA

Exhibit P10 THE TRUE COPY OF THE OBJECTION TO THE COMMISSION REPORT IN I.A.1/2022 IN O.S.111/2022 BEFORE THE MUNSIFF COURT, MAVELIKKARA

Exhibit P11 THE TRUE COPY OF THE LETTER NO A3/551/22 DATED 2.6.2022 FROM THE PUBLIC INFORMATION OFFICER, MAVELIKKARA-THAMARAKKULAM PANCHAYAT

Exhibit P12 THE TRUE COPY OF THE COMMON ORDER IN I.A.1/2022 AND I.A.4/2022 IN O.S.111/2022 DATED 15.06.2022 OF THE MUNSIFF COURT AT MAVELIKARA

Exhibit P13 THE CERTIFIED COPY OF THE COMMON ORDER IN I.A.NO 2/2023 IN CMA NO. 24/2022 AND I.A.NO

2/2023 IN CMA NO 25/2023 DATED 4.3.2023 OF THE ADDITIONAL DISTRICT JUDGE-1 MAVELIKARA

Exhibit P14 THE TRUE COPY OF THE CMA 24/2022 DATED 21.07.2022 OF THE ADDITIONAL DISTRICT COURT- 1, MAVELIKARA

Exhibit P15 THE TRUE COPY OF THE CMA 25/2022 DATED 12.07.2022 OF THE ADDITIONAL DISTRICT COURT- 1, MAVELIKARA

Exhibit P16 THE TRUE COPY OF THE I.A.NO2/2023 IN CMA 24/2022 DATED 10.02.2023 BEFORE THE HON'BLE ADDITIONAL DISTRICT COURT-1, MAVELIKARA

Exhibit P17 THE TRUE COPY OF THE I.A.NO2/2023 IN CMA 25/2022 DATED 10.02.2023 BEFORE THE HON'BLE ADDITIONAL DISTRICT COURT-1,MAVELIKARA

// TRUE COPY //

P.A. TO JUDGE