Siby Joseph vs Authorized Officer, (Under ...
2023 Latest Caselaw 4174 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR.JUSTICE C.S.DIAS
     FRIDAY, THE 31ST DAY OF MARCH 2023 / 10TH CHAITHRA, 1945
                        OP(C) NO. 808 OF 2023
         AGAINST THE ORDER/JUDGMENTOS 265/2022 OF MUNSIFF
                         COURT,MUVATTUPUZHA
PETITIONER/PLAINTIFF:

          SIBY JOSEPH
          AGED 48 YEARS
          S/O M D JOSEPH, AGED 48 YEARS, RESIDING AT
          ORATHUPUTHENPURAYIL HOUSE, MUDAVOOR PO, VELLOORKUNNAM
          VILLAGE, MUVATTUPUZHA TALUK, ERNAKULAM DISTRICT., PIN -
          686669

          BY ADVS.
          SHYSON P.MANGUZHA
          BIJU GEORGE
          PAUL S. MANGUZHA
          AUGUSTUS S. MANGUZHA



RESPONDENT/DEFENDANT:

          AUTHORIZED OFFICER, (UNDER SARFAESI ACT) THE
          DHANLAKSHMI BANK LTD,
          REGIONAL OFFICE, DHANLAKSHMI BUILDING, MARINE DRIVE,
          ERNAKULAM, KOCHI., PIN - 682031

          BY ADV P.VIJAYARAGHAVAN




     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 31.03.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO.808 OF 2023

                                2


                          JUDGMENT

The original petition is filed to direct the Court of

the Munsiff, Muvattupuzha to consider and dispose of

I.A.No.2 of 2022 in O.S.No.265 of 2022 expeditiously.

2. It is the case of the petitioner that he has filed

the above suit against the respondent Bank for an order

of injunction. Along with the suit, he filed I.A.No.2 of

2022 (Exhibit P6), seeking an order of temporary

injunction. Initially, the Court below granted an order

of status quo, which was subsequently vacated by

Exhibit P8 order. Thereafter, the court below has not

passed any orders on I.A.No.2 of 2022. The petitioner

has filed Exhibit P12 argument note in I.A.No.2 of

2022. Hence, the court below may be directed to

consider and dispose of I.A.No.2 of 2022, in accordance

with law, expeditiously.

3. Heard; Sri.Shyson P.Manguzha, the learned OP(C) NO.808 OF 2023

Counsel for the petitioner and Sri.P.Vijayaraghavan, the

learned Counsel appearing for the respondent.

4. On an appreciation of the pleadings and

materials on record, it is borne out that I.A.No.2 of

2022 is filed for an order of injunction. Although the

court below has initially passed an order of status quo,

the same was lifted by Exhibit P8 order dated

17.12.2022. The fact remains that I.A.No.2 of 2022

has not been disposed of on its merit till date.

5. Taking into account, the spirit of Order 39 of

the Code of Civil Procedure, I am of the definite view

that the court below has to be directed to consider and

dispose of I.A.No.2 of 2022 as expeditiously as possible.

6. Resultantly, in exercise of the supervisory

powers of this Court under Article 227 of the

Constitution of India, I direct the Court of Munsiff,

Muvattupuzha (the Court holding charge of the said

court) to consider and dispose of I.A.No.2 of 2022 in OP(C) NO.808 OF 2023

O.S.No.265 of 2022, in accordance with law, as

expeditiously as possible, at any rate on or before

12.04.2023 after affording both sides an opportunity of

being heard. The Registry shall communicate this

order to the Principal District Judge, Ernakulam to

make necessary arrangements to comply with the

directions passed in the judgment.

The original petition is ordered accordingly.

Sd/-

C.S.DIAS JUDGE rkc/31.03.23 OP(C) NO.808 OF 2023

APPENDIX OF OP(C) 808/2023

PETITIONER EXHIBITS Exhibit-P1 TRUE COPY OF THE RENEWED LOAN AGREEMENT EXECUTED BETWEEN THE PETITIONER AND BANK ON 01.O4.2O19 Exhibit-P2 TRUE COPY OF THE RELEVANT PAGES OF THE 'PADDY LAND IDENTIFICATION DEIAILS' REGISTER KEPT AVAILABLE BEFORE THE AGRICULTURE OFFRCE PAIPRA Exhibit-P3 TRUE COPY OF THE LAND TAX RECEIPT NO KW7O7|4O374O|2O22 ISSUED FROM THE VILLAGE OFFICE VELLOORKUNNAM Exhibit-P4 COPY OF REPRESENTATION DATED 06.09.20LG FILED BY THE PETITIONER BEFORE THE RESPONDENT'S BANK Exhibit-P5 TRUE COPY OF THE PLAINT IN O S NO 265/2022 PENDING BEFORE THE MUNSIFF COURT MUVATTUPUZHA Exhibit-P6 TRUE COPY OF THE I A NO 212022 FOR TEMPORARY INJUNCTION FILED ALONG WITH O S NO 265 /2022 Exhibit-P7 TRUE COPY OF THE COMMISSION REPORT FILED BY THE ADVOCATE COMMISSIONER IN O S NO 265 /2022 Exhibit-P8 TRUE COPY OF THE ORDER DATED 07.12.2022 VACATING THE STATUS QUO ORDER ISSUED ON

17.O8.2O22 Exhibit-P9 TRUE COPY OF THE ADVANCE PETITION DATED 16.03.2023 FILED BY THE PETITIONER Exhibit-P10 TRUE COPY OF TODAY MOVING PETITION DATED 20.03.2023 FILED BY THE PETITIONER Exhibit-P11 TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE RESPONDENT Exhibit-P12 TRUE COPY OF ARGUMENT NOTE FILED BY THE PETITIONER IN I A NO 2/2O22 IN O S NO 265/2022