Remanded

Yesudas @ Babu v. Muniyamma

Kerala HC15 Feb 2019OP(C)/164/2019

Case brief

AI extract

What is this about?

Petitioners challenged the vacation of an ex parte injunction by the Munsiff Court due to alleged non-compliance of Order 39 Rule 3 CPC. The High Court directed the Munsiff Court to rehear the application and pass fresh orders after hearing both sides without deciding the compliance issue.

What did the court decide?

The Munsiff Court directed to rehear I.A No.41 of 2019 and pass orders within one month.

Yesudas @ Babu Vs Muniyamma — Partition | Kerala HC (2019)

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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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FRIDAY ,THE 15TH DAY OF FEBRUARY 2019 / 26TH MAGHA, 1940

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OP(C).No. 164 of 2019

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AGAINST THE ORDER IN OS 1/2019 of MUNSIFF MAGISTRATE COURT, DEVIKULAM DATED 05.01.2019

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PETITIONERS/PETITIONERS/PLAINTIFFS:

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1 YESUDAS @ BABU S/O. VEERABHADRAN, AGED 51 YEARS, KOVILOOR BHAGOM, VATTAVADA VILLAGE, DEVIKULAM TALUK, IDUKKI DISTRICT.

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2 SASI, S/O VEERABHADRAN, AGED 46 YEARS,

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KOVILOOR BHAGOM, VATTAVADA VILLAGE, DEVIKULAM TALUK, IDUKKI DISTRICT.

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BY ADV. SRI.LATHEESH SEBASTIAN

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RESPONDENTS/RESPONDENTS/DEFENDANTS:

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1 MUNIYAMMA

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AGED 60 YEARS,W/O MEENAYYA, YELLAPPATTI ESTATE, WEST DIVISION, S.P. PURAM P.O, DEVIKULAM VILLAGE, IDUKKI DISTRICT-685 585

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2 INDIRA

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D/O. MUNIYAMMA, AGED 32 YEARS, YELLAPPATTI ESTATE, WEST DIVISION, S.P. PURAM P.O, DEVIKULAM VILLAGE, IDUKKI DISTRICT-685 585

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3 GEETHA

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D/O. MUNIYAMMA, AGED 30 YEARS, YELLAPPATTI ESTATE, WEST DIVISION, S.P. PURAM P.O, DEVIKULAM VILLAGE, IDUKKI DISTRICT-685 585

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BY ADV. SRI.G.SREEKUMAR (CHELUR)

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 15.02.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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OP(C).No. 164 of 2019

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JUDGMENT

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Petitioners are the plaintiffs in a suit for partition and incidental reliefs. Originally an ex parte order of injunction was granted on I.A No.741 of 2018.

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Since the suit was moved before the vacation

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court, it was directed to be posted before the appropriate court namely the Munsiff Court,

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Devikulam. On 05.01.2019, the learned Munsiff

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noticing that provisions of Order XXXIX Rule 3 has not been complied with, vacated the order of injunction. Aggrieved, the plaintiffs are before this Court.

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Heard both sides.

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I do not think it necessary to go into the

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question as to whether rule 3 of Order 39 was

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complied with by the plaintiff-petitioner, or not. It will be sufficient if the learned Munsiff considers

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the application and passes fresh orders after hearing both sides.

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OP(C).No. 164 of 2019

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The injunction application which has been renumbered as I.A No.41 of 2019 before the Munsiff Court, Devikulam shall be reheard and appropriate orders passed by the court below. Every endeavour shall be made by the learned Munsiff to have final orders passed on the application as expeditiously as possible and at any rate within a period of one month from the date of receipt of a copy of this judgment. In the meanwhile the interim order granted by this Court shall continue to operate.

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Sd/- Sathish Ninan, Judge

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vdv

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OP(C).No. 164 of 2019

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE PLAINT IN O.S NO. 1/2019 ON THE FILE OF MUNSIFF COURT, DEVIKULAM. EXHIBIT P2 TRUE COPY OF I.A. NO. 741/2018 EXHIBIT P3 TRUE COPY OF THE ORDER IN I.A. NO. 741/2018 DATED 24.12.2018 OF DISTRICT COURT, THODUPUZHA(VACATION COURT)

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EXHIBIT P4 TRUE COPY OF THE POSTAL RECEIPT OF DISPATCHING THE POSTAL ARTICLES CONTAINING THE PLAINT, INJUNCTION PETITION, AFFIDAVIT AND SUIT DOCUMENTS DATED 24.12.2018

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EXHIBIT P5 TRUE COPY OF THE RETURNED POSTAL ARTICLES ISSUED TO THE RESPONDENTS EXHIBIT P6 TRUE COPY OF THE ORDER OF THE MUNSIFF COURT, DEVIKULAM IN I.A. NO. 41/2019 IN O.S. NO. 1/2019 DATED 05.01.2019

Yesudas @ Babu v. Muniyamma

Case brief

What is this about?

What did the court decide?

Yesudas @ Babu v. Muniyamma

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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