Allowed

Nmr Siraj v. City Plaza Shop Owners Association

Kerala HC28 Jan 2016OP(C)/282/2016

Case brief

AI extract

What is this about?

This original petition sought relief against an order of the learned Munsiff who posted an injunction application to a distant date. The High Court directed the learned Munsiff to dispose of the application within two weeks.

What did the court decide?

Directing the learned Munsiff to dispose of the injunction application within two weeks from the date of receipt or production of a copy of this judgment.

Nmr Siraj Vs City Plaza Shop Owners Association — Kerala HC (2016) — LawSathi Research

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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.ABRAHAM MATHEW

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THURSDAY, THE 28TH DAY OF JANUARY 2016/8TH MAGHA, 1937

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OP(C).No. 282 of 2016 (O)

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IA NO. 11156/2015 IN OS NO. 2524/2015 OF FIRST ADDL. MUNSIFF COURT, THIRUVANANTHAPURAM

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PETITIONER/RESPONDENT/DEFENDANT :

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N.M.R. SIRAJ

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S/O.P.S.N.RAWTHER, AGED 56, FLAT NO.305, CITY PLAZA MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM.

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BY ADV. SRI.LATHEESH SEBASTIAN

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RESPONDENT(S) :

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CITY PLAZA SHOP OWNERS ASSOCIATION A SOCIETY REGISTERED UNDER THE TRAVANCORE COCHIN LITERARY SCIENTIFIC AND CHARITABLE SOCIETIES ACT 1955 WITH REGISTRATION NO. TVM/TC 1084/2015 REPRESENTED BY ITS SECRETARY, ABDUL SALAM AGED 51 YEARS, S/O.ABDUL KABEER, PERAL RESIDENCY, FLAT NO.51-A, ULLOOR, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM - 695 001.

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 28-01-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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...2/-

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OP(C).No. 282 of 2016 (O)

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APPENDIX

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PETITIONERS' EXHIBITS :

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EXHIBIT P1. COPY OF THE COMPLAINT OF THE PETITIONER.

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EXHIBIT P2. COPY OF THE PROVISIONAL ORDER OF THE SECRETARY OF THIRUVANANTHAPURAM CORPORATION DATED 15.12.15.

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EXHIBIT P3. COPY OF THE PLAINT IN OS.NO. 2524/15.

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EXHIBIT P4. COPY OF THE IA.NO. 11156/2015 IN OS.NO. 2524/15.

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EXHIBIT P5. COPY OF THE INJUNCTION ORDER IN EXHIBIT P4.

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EXHIBIT P6. COPY OF THE SALE DEED NO.5230/2007 OF PATTOM S.R.O.

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EXHIBIT P7. COPY OF THE NOTICE TO THE PETITIONER.

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EXHIBIT P8. COPY OF THE OBJECTION OF THE PETITIONER.

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EXHIBIT P9. COPY OF THE IA 639/16.

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RESPONDENT(S)' EXHIBITS : NIL

//TRUE COPY//

P.S. TO JUDGE

K.ABRAHAM MATHEW J.

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O.P.(C)No.282 of 2016

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Dated this the 28^th day of January, 2016

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JUDGMENT

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Petitioner is the defendant in O.S.No.2524 of 2015 of Ist Additional Munsiff Court, Thiruvananthapuram. An ex parte order of injunction was passed against him on 23.12.2015. The case was posted to 4.1.2016. The petitioner filed objection on 1.1.2016 itself. There was no sitting of the court on 4.1.2016. The injunction application was posted to 30.3.2016. The petitioner filed an application to advance the posting of the case. But the learned Munsiff posted the advance application to 30.3.2016. The prayer in this Original Petition is to direct the learned Munsiff to consider the injunction application without delay.

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Heard.

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It is sufficient to remind the learned Munsiff that the provision in Rule 3A in Order 39 makes it mandatory for her to dispose of the application within 30 days from the date of the ex parte injunction order. She should not have posted the advance petition to 30.3.2016. When it was brought to her notice that the injunction application happened to be posted to a distant date, even without a prayer she should have advanced the posting of the case. The approach made by the learned Munsiff cannot be approved of.

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In the result, this Original Petition is allowed. The learned

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O.P.(C)No.282 of 2016 2

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Munsiff is directed to dispose of the injunction application within two weeks from the date of receipt or production of a copy of this judgment.

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K.ABRAHAM MATHEW JUDGE

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Nmr Siraj v. City Plaza Shop Owners Association

Case brief

What is this about?

What did the court decide?

Nmr Siraj v. City Plaza Shop Owners Association

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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