Disposed

Rajan Eapen v. Anuja Denny

Kerala HC7 Feb 2018OP(C)/353/2018

Case brief

AI extract

What is this about?

Petitioner filed a writ petition under Article 227 seeking directions to the Munsiff's Court, Thiruvalla, to expedite the hearing of an application under Section 91 CPC alleging violation of temporary injunction, and to speed up the trial of the underlying suit. The Court directed the lower court to consider the application within 3 to 4 weeks.

What did the court decide?

Directed the Munsiff's Court, Thiruvalla to consider I.A.No.446/2017 without delay and pass orders within 3 to 4 weeks.

Rajan Eapen Vs Anuja Denny — Civil Procedure and Limitation | Kerala HC (2018)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

¶4

WEDNESDAY, THE 7TH DAY OF FEBRUARY 2018 / 18TH MAGHA, 1939

¶5

OP(C).No. 353 of 2018

¶6

PETITIONER(S)

¶7

RAJAN EAPEN S/O. EAPEN POTHAN, KEZHEKKANATH PERINGATH HOUSE, KAVIYOOR P.O, KAVIYOOR VILLAGE, THIRUVALLA TALUK, PIN 689 582.

¶8

BY ADVS.SRI.P.K.ABOOBACKER(EDAPPALLY)

SRI.JACOB THOMAS

RESPONDENT(S):

1. ANUJA DENNY

W/O. LATE DENNY EAPEN, KEZHEKANATH PERINGATH HOUSE,

¶13

KAVIYOOR P.O, KAVIYOOR VILLAGE, THIRUVALLA TALUK 689 101.

¶14

2. ACHAMMA KOSHY

¶15

W/O. KOSHY, GRACE VILLA, PURAMATTOM VILLAGE, KUMBANAD

¶16

P.O, THIRUVALLA TALUK, 689 547.

¶17

3. SOSAMMA ABRAHAM

¶18

W/O. ABRAHAM, KUZHUVELIL HOUSE, KEEZHVALPOOR P.O,

¶19

MALLAPPALLY VILLAGE, MALLAPPALLY TALUK, PIN 689 587.

¶20

4. LILLY SHERRY

¶21

D/O.P.P.EAPEN, VANCHIKAPARA HOUSE, THELLIYOOR P.O, THELLIYOOR VILLAGE, MALLAPPALLY TALUK, 689 544.

¶22

5. DAISY THOMAS

¶23

W/O. THOMAS, MODAYIL KUTTIKKAL HOUSE, PUTHUPPALLY P.O, KOTTAYAM 686 011.

¶24

THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 07-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶25

OP(C).No. 353 of 2018 (O)

¶26

APPENDIX

¶27

PETITIONER(S)' EXHIBITS

¶28

EXHIBIT P1. COPY OF THE PLAINT IN OS 169/2016 ON THE FILE OF THE MUNSIFFS COURT, THIRUVALLA. EXHIBIT P2. COPY OF THE ORDER DATED 13.6.16 IN IA 1109/2016 IN OS 169/2016. EXHIBIT P3. COPY OF THE SALE DEED NO.2249/16 DATED 8.9.16 OF THE TIRUVALLA SUB REGISTRY. EXHIBIT P4. COPY OF THE IA 446/17 IN OS 169/16 ON THE FILE OF THE MUNSIFFS COURT, THIRUVA.

¶29

RESPONDENT'S EXHIBITS: NIL

TRUE COPY

PA TO JUDGE

Scl.

ALEXANDER THOMAS, J.

¶34

O.P.(C) No.353 of 2018

¶35

Dated this the 7^th day of February, 2018

¶36

JUDGMENT

¶37

The prayers in this Original Petition (Civil) filed under the

¶38

enabling provisions contained in Article 227 of the Constitution of India

¶39

are as follows:

¶40

“i. Call for the records relating to Exhibit P1 to P4 and to issue any appropriate direction or order directing the Munsiff's Court, Thiruvalla to expeditate the hearing of I.A.No.446/2017 in O.S.No.169 of 2016 and pass appropriate orders therein pending the suit.

¶41

ii. To issue any appropriate direction or order directing the Munsiff's Court, Thiruvalla to expedite the trial of O.S.No.169 of 2016 pending before the Munsiff's Court, Thiruvalla along with I.A.No.446/2017 for Prosecution. .”

¶42

Heard Sri.P.K.Aboobacker (Edappally), learned counsel

¶43

appearing for the petitioner. In the nature of the orders proposed to be passed in this petition, notice to the respondents will stand dispensed with.

¶44

It is submitted by Sri.P.K.Aboobacker (Edappally), learned counsel appearing for the petitioner that the petitioner has filed Ext.P4 I.A.No.446 of 2017 in O.S.No.169 of 2017, praying to take appropriate action against the first defendant for the intentional deliberate violation of Ext.P2 temporary injunction order dated 13/6/2016 rendered by the trial court on I.A.No.1109 of 2016 in O.S.No.169/2017. Though Ext.P4

¶45

O.P.(C) No.353 of 2018

¶46

-2-

¶47

I.A.No.446 of 2017 has been filed as early as on 30.1.2017, the same has been adjourned repeatedly and that orders have not so far been passed thereon. It is also pointed out by the petitioner that the sole respondent in Ext.P4 I.A. No.446 of 2017 (who is the 1^st defendant in O.S) has already filed objection/counter to that I.A.

¶48

Accordingly, it is ordered that in case of Ext.P4 I.A.No.446 of 2017 in O.S.No.169/2017 is pending consideration before the Munsiff's Court, Thiruvalla, then the said Court will take up Ext.P4 I.A.No.446 of 2017 for consideration without much delay and after affording a reasonable opportunity of being heard to the parties concerned thereto, will pass orders in accordance with law disposing of that I.A, without much delay, preferably within a period of 3 to 4 weeks from the date of production of a certified copy of this judgment. The petitioner will produce a certified copy of this judgment before the Munsiff's Court, Thiruvalla, for necessary information.

¶49

With these observations and directions, the above Original Petition (Civil) will stand finally disposed of.

¶50

ALEXANDER THOMAS, JUDGE

¶51

Scl/07.02.2018

Rajan Eapen v. Anuja Denny

Case brief

What is this about?

What did the court decide?

Rajan Eapen v. Anuja Denny

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Liji K. Vs Sri. a.K.Aravindakshan

Thilakaraj Vs Rani

Ajith George Thomas Vs Muraleedharan

Sasi Vs Latha

Saw Mill Owners Service Enterprises Ltd. Vs V.M. Aliyar

Abbas Vs the Land Tribunal