Paulo @ Pappachan vs Francis
2024 Latest Caselaw 10164 Ker

Kerala High Court

Paulo @ Pappachan vs Francis on 5 April, 2024

Author: Kauser Edappagath

Bench: Kauser Edappagath

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
   FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
                    OP(C) NO. 862 OF 2024

AGAINST THE ORDER/JUDGMENT DATED IN OS NO.299 OF 2022 OF MUN-
                     MAGI COURT, PARAVOOR
PETITIONER/PLAINTIFF:

         PAULO @ PAPPACHAN,
         AGED 72 YEARS, S/O. OUSEPH,
         CHAKIATH HOUSE, PUTHANPALLI KARA,
         VARAPPUZHA VILLAGE, PARAVUR TALUK,
         ERNAKULAM -, PIN - 683517

         BY ADVS.
         DENU JOSEPH
         MUHISEENA.V.Z
         MANJU M.K.
         JOYAL P. JOY


RESPONDENT/DEFENDANT:

         FRANCIS,
         AGED 56 YEARS
         S/O. DEVASSY, KUNNANATTU HOUSE,
         PUTHANPALLI KARA, VARAPPUZHA VILLAGE,
         PARAVUR TALUK, ERNAKULAM -, PIN - 683517


     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
05.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 O.P.(C) No. 862/2024


                                       ..2..


                            JUDGMENT

The plaintiff in O.S.No.299/2022 on the file of Munsiff Court,

Paravoor (for short, 'the trial court') is the petitioner and the defendant is the

respondent. The petitioner obtained an interim injunction order. Alleging that

the respondent has violated the said interim injunction order, the petitioner

filed Ext.P5 application under Order XXXIX Rule 2(A) of the CPC. The

limited prayer of the petitioner is to give a direction to the learned Munsiff to

take a decision on Ext.P5 with respect to the police protection.

2. Having heard the learned counsel for the petitioner, the learned

Munsiff is directed to dispose of Ext.P5, in accordance with law, after hearing

both sides, as expeditiously as possible.

The original petition is disposed of as above.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE APA

..3..

APPENDIX OF OP(C) 862/2024

PETITIONER EXHIBITS

EXHIBIT.P1 THE TRUE COPY OF I.A. NO. 2/2022 IN O.S NO.

299/2023 PENDING BEFORE THE MUNSIFF'S COURT, PARAVUR EXHIBIT.P2 THE COPY OF THE UP TO DATE PROCEEDINGS OBTAINED FROM E-COURT WEBSITE EXHIBIT.P3 THE COPY OF THE ORDER IN I.A. NO.6/2023 DATED 14.08.2023 EXHIBIT.P4 THE COPY OF THE OBJECTION FILED BY THE RESPONDENT/ DEFENDANT IN IA 2/2023 IN O.S. 299/2023 MUNSIFF COURT,PARAVOOR. EXHIBIT.P5 THE TRUE COPY OF THE I.A NO. 8/2024 IN O.S NO.

299/2023 PENDING BEFORE THE MUNSIFF'S COURT, PARAVUR EXHIBIT.P6 THE TRUE COPY /OF THE OBJECTION IN IA 8/2024 IN O.S.299/2023 DATED 22/03/2024 EXHIBIT.P7 THE COPY OF THE PROOF AFFIDAVIT DATED 22.03.2024 FILED BY THE PETITIONER EXHIBIT.P8 THE COPY OF THE ADDITIONAL PROOF AFFIDAVIT DATED 26.03.2024 FILED BY THE PETITIONER EXHIBIT.P9 THE PHOTOCOPY OF THE PHOTOGRAPHS EVIDENCING THE OBSTRUCTION COMMITTED BY THE RESPONDENT EXHIBIT.P10 TRUE COPY OF THE O.S NO.299/2023 BEFORE THE MUNSIFF'S COURT, PARAVUR