Disposed

Kuthuparamb Education Socy.,Rep.by Secy. v. K.C.Rosamma and Another

Kerala HC14 Jan 2009WP(C)/1395/2009

Case brief

AI extract

What is this about?

The court disposed of a writ petition concerning the delayed disposal of a temporary injunction application in a civil suit. It directed the petitioner to approach the lower court directly for emergent relief, noting the petitioner's lack of interest in obtaining an order over the past two years.

What did the court decide?

The writ petition was disposed of with directions to the petitioner to apply to the lower court for emergent orders.

Kuthuparamb Education Socy.,Rep.by Secy. Vs… — Civil Procedure and Limitation | Kerala HC (2009)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN

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WEDNESDAY, THE 14TH JANUARY 2009 / 24TH POUSHA 1930

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WP(C).No.1395 of 2009 (N)

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-------------------------------AGAINST THE ORDER IN IA.1197/2006 IN OS.187/2006 of MUNSIF COURT, KUTHUPARAMBA ....................

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PETITIONER:

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---------------

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KUTHUPARAMBA EDUCATION SOCIETY REP; BY ITS SECRETARY R.K.RAGHAVAN,THOKKILANGADI, KUTHUPARAMBA,KANNUR DISTRICT.

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BY ADV. SRI.R.PARTHASARATHY

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RESPONDENTS:

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------------------

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1. K.C.ROSAMMA, D/O CHERIAN, KUTHUPARAMBA, AMBILATT, THOKKILANGADI, NIRAMALAGIRI(PO).

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2. THE SECRETARY KUTHUPARAMBA MUNICIPALITY, KUTHUPARAMB,KANNUR DISTRICT.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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K.P.BALACHANDRAN, J.

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W. P. C. No.1395 of 2009

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Dated this the 14^th day of January, 2009

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JUDGMENT

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The petitioner who is the first plaintiff

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in O.S.187/06 on the file of the Munsiff's

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Court, Kuthuparamba prays for an order directing the court below to dispose of Ext.P2 application (I.A.1197/06) for temporary injunction in O.S.187/06 aforesaid within a time frame. It is ascertained through the Registry that the Judicial First Class Magistrate, Kuthuparamba is now holding additional charge of the Munsiff, Kuthuparamba and that sitting is being conducted only once

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in a week in the Munsiff's Court as per directions of the District, Judge, Thalassery; that such sittings are on every Thursdays but

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that emergent matters are being taken up in the Judicial First Class Magistrate's Court also if parties apply with a petition to that

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-2-

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W. P. C. No.1395 of 2009

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effect. The petitioner may move appropriate

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petition before the Judicial First Class Magistrate's Court, Kuthuparamba who holds additional charge of Munsiff, Kuthuparamba as well, stating the need for an emergent order being passed on I.A.1197/06. If there is any emergent necessity the Learned Magistrate who holds additional charge of the Munsiff, Kuthuparamba will pass appropriate orders thereon. Though the petitioner has prayed for an interim injunction order till orders are passed by the court below, I am not of the view that any such order requires to be made by this Court as the I.A. was pending from 2006 onwards and the petitioner was not keen in obtaining an order despite lapse of more than two years.

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This Writ Petition is disposed of with the above directions. The petitioner may produce a copy of this judgment before the

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W. P. C. No.1395 of 2009

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-3-

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Magistrate to enable the Magistrate to pass appropriate orders on the emergent application that may be filed by the petitioner in the court below.

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Issue copy of this judgment to the

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counsel for the petitioner urgently.

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K.P.BALACHANDRAN, JUDGE

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kns/-

Kuthuparamb Education Socy.,Rep.by Secy. v. K.C.Rosamma and Another

Case brief

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Kuthuparamb Education Socy.,Rep.by Secy. v. K.C.Rosamma and Another

Case brief

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