Muhammed Shareef vs Biju
2023 Latest Caselaw 11699 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
            THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
   THURSDAY, THE 16TH DAY OF NOVEMBER 2023 / 25TH KARTHIKA, 1945
                     O.P.(C) NO.2333 OF 2023

AGAINST THE ORDER IN I.A. NO.1/2023 IN O.S. NO.302/2023 OF MUNSIFF
COURT, OTTAPPALAM.
PETITIONER/PETITIONER/PLAINTIFF:

          MUHAMMED SHAREEF,
          AGED 60 YEARS, S/O. SAIDALI,
          THOTTATHODI HOUSE,
          PULIKKALPARAMPU DESOM, MANKADA AMSOM,
          PERINTHALMANNA TALUK, MALAPPURAM, PIN-673 637.

          BY ADVS.SABU GEORGE
                  P.B.KRISHNAN
                  MANU VYASAN PETER
                  P.B.SUBRAMANYAN

RESPONDENTS/RESPONDENTS/DEFENDANTS:

    1     BIJU,
          AGED 46 YEARS, S/O. VASUDEVAN,
          MELEPURAKKAL,
          CHETHTHALLUR, VELLINEZHI,
          OTTAPPALAM, PALAKKAD, PIN-679 504.

    2     REENA,
          AGED 42 YEARS, W/O. BIJU,
          MELEPURAKKAL,
          CHETHTHALLUR, VELLINEZHI,
          OTTAPPALAM, PALAKKAD, PIN-679 504.

    3     SOUTH INDIAN BANK,
          PERINTHALMANNA BRANCH,
          MALAPPURAM, PIN-679 322
          REPRESENTED BY ITS MANAGER

          BY ADVS.RAJESH SIVARAMANKUTTY
                  SUNIL SHANKAR A.
                  VIDYA GANGADHARAN(K/000424/2020)
                  JERIN GEORGE(K/863/2023)
                  A.P. BEELAMMA(K/741/2013)
                  ARUL MURALIDHARAN(K/000853/2018)
     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 16.11.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                   -2-
O.P.(C) NO.2333 OF 2023




                            JUDGMENT

Dated this the 16th day of November, 2023

The petitioner herein is the plaintiff in

O.S.No.302/2023. He seeks expeditious disposal of

I.A.No.1/2023, whereby an interim injunction is

sought for.

2. The learned counsel for the 3rd

respondent submitted that the matter was posted

for hearing the interlocutory application

yesterday. However, the same got adjourned by the

plaintiff/petitioner on account of the pendency

of this original petition.

3. This Court, therefore, direct the learned

Munsiff to hear and dispose of I.A.No.1/2023 in

the original suit above referred, as

expeditiously as possible, at any rate, within a

period of one month from the date of receipt of a

copy of this judgment.

O.P.(C) NO.2333 OF 2023

The Original Petition is disposed of as

above.

Sd/-

C. JAYACHANDRAN JUDGE bpr

O.P.(C) NO.2333 OF 2023

APPENDIX OF OP(C) 2333/2023

PETITIONER'S EXHIBITS

EXHIBIT-P1 A TRUE COPY OF THE PLAINT DATED 16-08-2023 IN O.S NO.302 OF 2023 ON THE FILE OF THE MUNSIFF'S COURT, OTTAPPALAM.

EXHIBIT-P2 A TRUE COPY OF I.A NO.1 OF 2023, DATED 16-08-2023 IN O.S NO.302 OF 2023 ON THE FILE OF THE MUNSIFF'S COURT, OTTAPPALAM.

EXHIBIT-P3 A TRUE COPY OF THE OBJECTION DATED 20-10-2023 FILED BY RESPONDENT NO.3 IN I.A NO.1 OF 2023IN O.S NO.302 OF 2023 ON THE FILE OF THE MUNSIFF'S COURT, OTTAPPALAM.

EXHIBIT-P4 A TRUE COPY OF THE COMMISSION REPORT, DATED 25-08-2023 FILED IN O.S NO.302 OF 2023 ON THE FILE OF THE MUNSIFF'S COURT, OTTAPPALAM.