Disposed

T.Hameed v. Dr.Prabhakar

Kerala HC30 Oct 2013OP(C)/1613/2013

Case brief

AI extract

What is this about?

The High Court of Kerala, in this original petition filed under Article 227 of the Constitution, directed the Subordinate Judge of Hosdurg to advance and expeditiously dispose of Civil Miscellaneous Appeal No. 30 of 2012 arising from a suit for permanent injunction. The court fixed the appeal for hearing on 7 November 2013 and ordered decisions before 31 December 2013.

What did the court decide?

(i) Advance hearing of C.M.A. No. 30/2012 on 07.11.2013; (ii) Dispose of the appeal expeditiously and in any event before 31.12.2013.

T.Hameed Vs Dr.Prabhakar — Civil Procedure and Limitation | Kerala HC (2013)

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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 P.N.RAVINDRAN

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WEDNESDAY, THE 30TH DAY OF OCTOBER 2013/8TH KARTHIKA, 1935

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OP(C).No. 1613 of 2013 (O)

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(O.S.No.392/2011 of MUNSIFF COURT, HOSDURG)

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PETITIONER/2ND APPELLANT/2ND PLAINTIFF:

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T.HAMEED, AGED 60 YEARS S/O.THAYAL MUHAMMED, SHOIB MANZIL, MELPARAMBA P.O.KALNAD, UDUMA VILLAGE, KASARAGOD-671317.

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BY ADVS.SRI.K.SHRIHARI RAO

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SMT.N.SHOBHA

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SRI.K.S.BALAKRISHNAN

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RESPONDENTS/RESPONDENT/2ND APPELLANT/DEFENDANTS AND IST PLAINTIFF:

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DR.PRABHAKAR SHENOY, AGED 62 YEARS ATHIYAMBUR, P.O.KANHANGAD, HOSDURG TALUK KASARAGOD DISTRICT-671315.

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DR.SULOCHANA,, AGED 57 YEARS W/O.DR.PRABHAKAR, ATHIYAMBUR, P.O.KANHANGAD HOSDURG TALUK, KASARAGOD DISTRICT-671315.

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T.ABDULLA, AGED 65 YEARS S/O.THAYAL MUHAMMED, SALIYA MANZIL, BEKAL.P.O PALLIKARA, PALLIKARA VILLAGE KASARAGOD DISTRICT-671316.

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R1-R2 BY ADV. SRI.JAWAHAR JOSE

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THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 30-10-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP(C).No. 1613 of 2013 (O)

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APPENDIX

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PETITIONER'S EXHIBITS

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EXHIBIT-P1 TRUE COPY OF THE ORDER DATED 12/10/2012 IN I.A.2650/11 IN O.S.392/2011 ON THE FILE OF THE MUNSIFF COURT, HOSDURG. EXHIBIT-P2 TRUE COPY OF THE MEMORANDUM OF CIVIL MISCELLANEOUS APPEAL NO.30/12 ON THE FILE OF SUB COURT,HOSDURG.

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RESPONDENT(S)' EXHIBITS ---------------------------------------

NIL

/TRUE COPY/

VPS PA TO JUDGE

P.N.RAVINDRAN , J.

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--------------------------O.P.(C) No.1613 of 2013

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Dated this the 30^th day of October, 2013

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J U D G M E N T

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The petitioner is the second plaintiff in O.S.No.392 of 2011 on the file of the Court of the Munsiff of Hosdurg. Respondents 1 and 2 are defendants and the third respondent is the first plaintiff therein. The suit instituted by the plaintiffs is one for a permanent prohibitory injunction restraining the defendants and their men from demolishing the northern compound wall of the plaint A schedule property and for other reliefs. Along with the plaint, they filed I.A.No.2650 of 2011 for an interim order of injunction in terms of the relief of injunction prayed for in the plaint. The defendants entered appearance and filed objections. The trial court after considering the rival contentions dismissed the application by Ext.P1 order dated 12.10.2012. Aggrieved thereby, the plaintiffs filed C.M.A.No.30 of 2012 on the file of the Court of the Subordinate Judge of Hosdurg. In this original petition, the petitioner prays for an order directing the Court of the Subordinate Judge of Hosdurg to hear and dispose of the appeal expeditiously. It is contended that though C.M.A.No.30 of 2012 was filed on 7.11.2012, till date the appeal has not been heard and

O.P.(C) No.1613/2013

disposed of.

When this original petition came up for hearing today, Sri.Jawahar Jose, learned counsel appearing for the respondents submitted that he has no objection in the appeal being disposed of expeditiously. In such circumstances, I dispose of the original petition with the following directions:

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(i) The petitioner and the respondents (appellants and the respondents in C.M.A.No.30 of 2012 on the file of the Court of the Subordinate Judge of Hosdurg ) shall appear before the court below through counsel on 7.11.2013, to which date the hearing of C.M.A.No.30 of 2012 shall stand advanced.

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(ii) The court below shall on that day (7.11.2013) fix the date for hearing of the appeal and hear and dispose of the appeal expeditiously and in any event before 31.12.2013.

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P.N.RAVINDRAN, (JUDGE)

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vps

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O.P.(C) No.1613/2013 3

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O.P.(C) No.1613/2013 4

T.Hameed v. Dr.Prabhakar

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T.Hameed v. Dr.Prabhakar

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