Kerala High Court
Soumya vs Pavithran on 28 June, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 28TH DAY OF JUNE 2024 / 7TH ASHADHA, 1946
OP(C) NO. 1359 OF 2024
IN OS NO.125 OF 2023 OF ASSISTANT SESSIONS
COURT/ADDITIONAL SUB COURT, THALASSERY
PETITIONERS/DEFENDANTS NO. 3 &4:
1 SOUMYA
AGED 33 YEARS
D/O SUCHITHRA, "HEAVEN", P.O.KADIRUR
THALASSERY, PIN - 670 642.
2 SHIMNA
AGED 27 YEARS
D/O SUCHITHRA, "HEAVEN", P.O.KADIRUR
THALASSERY, PIN - 670 642.
BY ADV SATHEESHAN ALAKKADAN
RESPONDENTS/PLAINTIFFS:
1 PAVITHRAN
AGED 71 YEARS,
S/O BALAN, RESIDING AT LAKSHMI, P.O.PONNIAM
WEST, KUNDUCHIRA, THALASSERY, PIN - 670 641.
2 PRASANNA
AGED 63 YEARS,
D/O BALAN, KOLASSERI MADATHIL, P.O. PERINGADI,
MAHE, PIN - 673 312.
3 ARUNKUMAR
LAKSHMI NIVAS(KALATHIL), P.O.KADIRUR,
THALASSERY, PIN - 670 642.
O.P.(C). No. 1359 of 2024.
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4 JAYASREE
AGED 57 YEARS
D/O BALAN, SNEHALAYAM, KARAKADUPARAMBIL
P.O.MADAPPALLY COLLEGE, VADAKARA, KOZHIKODE, PIN -
673 102.
5 ANIL
AGED 59 YEARS
S/O BALAN, B.102,CHANDRESH SIDDI CO-OPERATIVE
HOUSING SOCIETY LTD. SANKESWAR NAGAR, ACHOLI ROAD,
NALLASOPRA EAST, PALGHAR, MAHARASHTRA,
PIN - 401 209.
6 SUNIL KUMAR
AGED 55 YEARS
S/O BALAN, LAKSHMI NIVAS, P.O.KADIROOR,
KALATHILMUKKU, KUTTERICHAL, THALASSERY,
PIN - 670 642.
7 SHEEJA
AGED 51 YEARS
W/O LATE PREMAN, LAKSHMI NIVAS, P.O.KADIROOR,
KALATHILMUKKU, KUTTERICHAL, THALASSERY,
PIN - 670 642.
8 DARSHANA
AGED 17 YEARS
D/O LATE PREMAN, REP. BY SHEEJA, W/O LATE
PREMAN,LAKSHMI NIVAS, P.O.KADIROOR, KALATHILMUKKU,
KUTTERICHAL, THALASSERY, PIN - 670 642.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
28.06.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P.(C). No. 1359 of 2024.
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JUDGMENT
The defendant Nos. 3 and 4 in O.S. No. 125/2023
on the file of Additional Sub Court, Thalassery (for short
'the trial court') have approached this Court seeking
expeditious disposal of Ext.P3 application for interim
injunction.
2. The respondents are the plaintiffs. The suit was
one for partition. Along with the suit, the plaintiffs filed
Ext.P3 application for interim injunction to restrain the
petitioners herein from demolishing the house situated
in the plaint schedule property. The trial court granted
ad interim order of injunction as per Ext.P4 order.
Thereafter, the petitioners filed Ext.P5 counter
statement. It was filed as early as on 11.12.2023. The
grievance of the petitioners is that the trial court is not
disposing of Ext.P3 application.
3. Having heard the learned counsel for the
petitioners, this original petition is disposed of with a
direction to the trial court to dispose of Ext.P3
O.P.(C). No. 1359 of 2024.
application within one month from the date of receipt of
a copy of this judgment after hearing both sides.
Sd/-
DR. KAUSER EDAPPAGATH
SCB
JUDGE
O.P.(C). No. 1359 of 2024.
APPENDIX OF OP(C) 1359/2024
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF PLAINT IN O.S 125/2023 ON
THE FILES OF COURT OF PRINCIPAL SUB
ORDINATE JUDGE, THALASSERY.
EXHIBIT P2 TRUE COPY OF THE WRITTEN STATEMENT FILED
BY DEFENDANT NOS 1 TO 8 AND 10 TO 15 IN
O.S 125/2023 BEFORE PRINCIPAL SUB COURT
THALASSERY DATED 15-01-2024.
EXHIBIT P3 TRUE COPY OF THE AFFIDAVIT IN I.A 3/2023
IN O.S 125/2023 ON THE FILES OF PRINCIPAL
SUB ORDINATE JUDGE , THALASERY DATED 17-
10-2023.
EXHIBIT P4 TRUE COPY OF THE AD-INTERIM ORDER DATED
ON THE FILES OF PRINCIPAL SUB COURT
THALASSERY SERVED ON THE RESPONDENTS.
EXHIBIT P5 TRUE COPY OF THE COUNTER DATED 11-12-2023
FILED BY THE PETITIONERS IN I.A 3/2023 IN
O.S 125/2023 ON THE FILES OF PRINCIPAL
SUB COURT THALASSERY.
