Disposed

K.a.Abdul Karim v. Rejendraprasad

Kerala HC5 Jun 2018OP(C)/1381/2018

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of an original petition challenging injunction proceedings. The court directed the Munsiff's Court to try and dispose of the underlying suit expeditiously, avoiding a detailed merit-based examination at this stage due to the suit's age.

What did the court decide?

Directing the Munsiff's Court, Erattupetta to try and dispose of O.S.No.129/2016 expeditiously.

K.a.Abdul Karim Vs Rejendraprasad — Property and Title | Kerala HC (2018)

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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 SATHISH NINAN

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TUESDAY, THE 5TH DAY OF JUNE 2018 / 15TH JYAISHTA, 1940

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OP(C).No. 1381 of 2018

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CMA.36/2016 of SUB COURT, PALA O.S.129/2016 OF MUNSIFF COURT, ERATTUPETTA

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PETITIONER :

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1 K.A. ABDUL KARIM, S/O. ASHA NISHA RAWTHER, KOCHUTHUNDIYIL HOUSE, KANGAZHA VILLAGE, CHANGANCHERRY TALUK, KOTTAYAM.

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2 SHAJAHAN, S/O. MUHAMMED KUNJU RAWTHER, EZHUPARATHOTTIYIL HOUSE, KANGAZHA VILLAGE, CHANGANCHERRY TALUK, KOTTAYAM.

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3 M.S. THAHA, S/O. SULAIMAN HAJIYAR, MALAMEL HOUSE, VADIPERIYAR KARA, PEERUMEDU VILLAGE, IDUKKI.

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BY ADVS.SRI.T.I.ABDUL SALAM SRI.PHILIP T.VARGHESE SMT.K.R.MONISHA

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RESPONDENTS :

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1. REJENDRAPRASAD, S/O. SIVAN PILLA, PANAMPARAMBIL HOUSE, KIZHAKKUM BHAGOM KARA, ETTUMANOOR VILLAGE, KOTTAYAM-686631.

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2. ASHOK R. VINOD PANICKAR, VADAYODIYIL HOUSE, ETTUMANOOR KARA, KOTTAYAM-686631.

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 05-06-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP(C).No. 1381 of 2018 (O)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1 TRUE PHOTOCOPY OF THE PLAINT DATED 17.12.2015 IN O.S.NO.329/2015 OF THE MUNSIFF'S COURT, ERATTUPETTA FILED BY THE PETITIONERS. EXHIBIT P2 TRUE PHOTOCOPY OF THE APPLICATION DATED 01.07.2016 IN I.A.NO.576/2016 IN O.S.NO.129/2016 OF THE MUNSIFF COURT, ERATTUPETTA FILED BY THE RESPONDENT NO.1. EXHIBIT P3 THE TRUE PHOTOCOPY OF THE WRITTEN STATEMENT DATED 09.12.2016 FILED BY THE PETITIONERS IN O.S.NO.129/2016 OF THE MUNSIFF'S COURT, ERATTUPETTA. EXHIBIT P4 TRUE PHOTOCOPY OF THE ORDER DATED 25.08.2016 IN IA NO.576/2016 IN O.S.NO.129/2016 OF THE MUNSIFF'S COURT, ERATTUPETTA. EXHIBIT P5 TRUE PHOTOCOPY OF THE ORDER DATED 07.10.2017 IN C M A NO.36/2016 OF THE SUB COURT, PALA.

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RESPONDENT(S)' EXHIBITS

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NIL

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TRUE COPY P.S. TO JUDGE

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6.6.2018

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SATHISH NINAN, J.

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O.P.(C) No.1381 of 2018

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Dated this the 5^th day of June, 2018

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JUDGMENT

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The order of injunction granted against the petitioners by

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the trial court was confirmed in appeal. This Original Petition is filed challenging the said proceedings.

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Considering the fact that the suit is of the year 2016, it is not necessary to go into the merits of the contentions at this stage. Interests of justice would be met by directing the suit itself to be tried and disposed of on its merits, at the earliest.

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In the above circumstances, this Original Petition is

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disposed of directing the Munsiff's Court, Erattupetta to try and dispose of O.S.No.129/2016 pending on its files, as expeditiously

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as possible and untrammelled by any of the findings in the impugned orders.

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This Original Petition is disposed of accordingly.

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Sd/- SATHISH NINAN, JUDGE

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K.a.Abdul Karim v. Rejendraprasad

Case brief

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K.a.Abdul Karim v. Rejendraprasad

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