The High Court directed the trial court to dispose of a pending application regarding disputed articles before the sale in auction, preventing their sale until resolution.
Directed the trial court to dispose of the petitioner's application for articles before their auction; sale stayed till disposal.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW
WEDNESDAY, THE 17TH DAY OF FEBRUARY 2016/28TH MAGHA, 1937
OP(C).No. 2264 of 2015 (O)
IA NO. 2822/2015 IN IA NO. 1471/2015 IN OS NO. 279/2015 OF ADDITIONAL MUNSIFF'S COURT, PALAKKAD
PETITIONER/NON PARTY/NON PARTY :
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AJAYASANKAR O.M., AGED 54 YEARS, S/O. NARAYANAN NAMBOOTHIRIPPADU, EXECUTIVE OFFICER, OLAPPAMANNA DEVASWOM, MUNNAPULLIKAVU, EZHAKKADU P.O., PALAKKAD DISTRICT. RESIDING AT OLAPPAMANNA MANA, PALLIKURUPU P.O., THACHAMPARA VIA, MANNARKKADU TALUK, PALAKKAD DISTRICT.
BY ADVS.SRI.SAJAN VARGHEESE K. SRI.LIJU. M.P
RESPONDENTS/RESPONDENTS/PETITIONER & RESPONDENTS/PLAINTIFF & DEFENDANTS:
1. KUTTIKRISHNAN EZHUTHASSAN, S/O. RAMAN EZHUTHASSAN, SEKHARATHIL HOUSE, EZHAKKADU, EZHAKKADU P.O., PALAKKAD DISTRICT.
2. C.R. RAMAKRISHNAN, S/O. CHERUKUTTY EZHUTHASSAN, CHERAYINKIL HOUSE, EZHAKKADU, EZHAKKADU P.O., PALAKKAD DISTRICT.
3. CHAMIKUTTY EZHUTHASSAN, S/O.UNNIPOTHI EZHUTHASSAN, KILIYANKAL HOUSE, EZHAKKADU, EZHAKKADU P.O., PALAKKAD DISTRICT.
BY ADV. SRI.L.RAJESH NARAYAN
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 17-02-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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OP(C).No. 2264 of 2015 (O)
APPENDIX
PETITIONER(S)' EXHIBITS
RESPONDENT(S)' EXHIBITS : NIL.
//TRUE COPY//
P.A. TO JUDGE
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K.ABRAHAM MATHEW J.
O.P.(C)No.2264 of 2015
-------------------------------------------------------Dated this the 17th day of February, 2016
JUDGMENT
The first respondent filed O.S.No.279 of 2015 against the other respondents in Munsiff Court, Palakkad. It was alleged by the first respondent that the respondents violated the interim order of injunction passed by the court and they former prayed for removal of the obstruction. The court ordered removal of the articles used to cause obstruction and their sale in public auction. The petitioner to whom the pathway in dispute belongs filed an application claiming the articles. This has not been disposed of so far. His only prayer is to direct the court to dispose of the application.
2. Heard.
I am satisfied that the request is reasonable. The trial court is directed to dispose of Ext P10 application before the court closes for summer vacation in 2016 after considering the objections raised by the first respondent. The articles shall not be sold till the disposal of that application.
Sd/- K.ABRAHAM MATHEW JUDGE
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/True copy/ P.S.to Judge
1 issue framed by the court
Whether the High Court should direct the trial court to dispose of the petitioner's claim for articles before their auction.
Ajayasankar O.M.
Kuttkrishnan Ezhuthassan
C.R. Ramakrishnan
Chamikutty Ezhuthassan
K.Abraham Mathew
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
