Disposed¶29

V. K. Radhakrishnan Nair v. Sree Kumar M. C.

Kerala HC18 Mar 2025OP(C)/604/2025

Case brief

AI extract

What is this about?

OP(C) 604 OF 2025; 2025:KER:22770; High Court of Kerala at Ernakulam; Justice Basant Balaji; 18 March 2025; time-bound disposal direction to lower court; I.A.No.6/2024 in I.A.No.2/2024 in O.S.No.120/2024; Ext.P7 vacation/variation of ex parte injunction; Additional Munsiff Court Cherthala; defendants 2 and 3 petitioners V.K. Radhakrishnan Nair and Jagadambika Kunjamma; plaintiff respondent Sree Kumar M.C.; ad-interim injunction extended till disposal; disposal within three months from receipt of copy of judgment; original petition disposed of.

What did the court decide?

Direction to the court below (Additional Munsiff's Court, Cherthala) to take up I.A.No.6/2024 in I.A.No.2/2024 in O.S.No.120/2024 and dispose of it within a period of three months from the date of receipt of a copy of this judgment. ¶29

V. K. Radhakrishnan Nair Vs Sree Kumar M. C. — Kerala HC (2025) — LawSathi Research

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OP(C) NO. 604 OF 2025 1

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2025:KER:22770

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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 BASANT BALAJI

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TUESDAY, THE 18TH DAY OF MARCH 2025 / 27TH PHALGUNA, 1946

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OP(C) NO. 604 OF 2025

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AGAINST THE ORDER/JUDGMENT DATED IN OS NO.120 OF 2024

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OF ADDITIONAL MUNSIFF COURT,CHERTHALA

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PETITIONER/DEFENDANTS 2 AND 3:

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1V. K. RADHAKRISHNAN NAIR
AGED 63 YEARS
S/O. LATE RAGHAVAN NAIR, KRISHNAPRIYA FROM
VALPARAMBATH VEEDU, PALLIPPURAM MURI, PALLIPPURAM
VILLAGE, PALLIPPURAM P.O., CHERTHALA TALUK,
ALAPPUZHA, PIN - 688541

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2JAGADAMBIKA KUNJAMMA
AGED 74 YEARS
/O. LATE RAVEENDRAN NAIR, KRISHNA,
CHENNAMPALLIPPURAM MURI, PALLIPPURAM VILLAGE, K.
R. PURAM P. O., FROM VALPARAMBATH VEEDU,
PALLIPPURAM MURI, PALLIPPURAM VILLAGE, PALLIPPURAM
P.O., CHERTHALA TALUK, ALAPPUZHA, PIN - 688541

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BY ADVS.
B.PRAMOD
ATHUL M.V.
AJAY S. KOSHY

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RESPONDENT/PLAINTIFF AND 1ST DEFENDANT:

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1SREE KUMAR M. C.
AGED 50 YEARS
S/O. LATE CHANDRASEKHARAN NAIR, ,
MUNDACKALPARAMBIL HOUSE, K.S. PURAM,
ARUNOOTTIMANGALAM P.O., KADUTHURUTHY VILLAGE,
VAIKOM TALUK, KOTTAYAM, PIN - 686604

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OP(C) NO. 604 OF 2025 2

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2025:KER:22770

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2DHANYA
AGED 50 YEARS
W/O. SURESH BABU, KANAMITTATH HOUSE, PALLIPPURAM
MURI, PALLIPPURAM VILLAGE, PALLIPPURAM P.O., ,
CHERTHALA, ALAPPUZHA, PIN - 688541

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
18.03.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:

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OP(C) NO. 604 OF 2025 3

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2025:KER:22770

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JUDGMENT

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Dated this the 18th day of March, 2025

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This original petiton is filed for disposal of Ext.P7, I.A.No.6/2024 in I.A.No.2/2024 in O.S.No.120/2024 on the files of the Munsiffs’ Court, Cherthala within a time frame.

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A report was called for and report dated 14.3.2025 was recieved. It is stated that O.S.No.120/2024 on the files of Additional Munsiff’s Court, Cherthala, was filed by Mr.Sreekumar M C on 14.02.2024 for a permanent prohibitory injunction. Along with the filing of the suit, the plaintiff filed Interlocutory Application (I.A. No.2/2024) seeking a temporary injunction. The same was allowed, and notice was issued to the respondents. The case was posted to 01.03.2024 for objection and hearing of the temporary injunction petition. On 01.03.2024, defendants No.2 and 3 appeared before the court and sought time for filing written statement and objection to the injunction petition. Defendant No.1 did not appear before the court even though he was served with the summons. As no objection was filed by the defendants to the temporary injunction application, the adinterim injunction granted in favour of the plaintiff was extended till the disposal of the injunction application on merits. Thereafter, Defendant No.1 filed a petition to set aside the ex parte order, and the same was allowed on 05.09.2024. Thereafter on 14.11.2024, defendants No.2 and 3 filed I.A.No.6/2024 to vacate/vary the order of

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OP(C) NO. 604 OF 2025 4

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2025:KER:22770 ex parte injunction passed against them in I.A.No.2/2024. At the time of filing I.A.No.6/2024, a copy of the same was not given to the plaintiff. Hence, a direction was given to serve a copy of the same to the plaintiff. On 18.12.2024, it was informed by the counsel for defendants No.2 and 3 that the copy of I.A.No.6/2024 was served to the opposite side. The case was then posted for objection and hearing of I.A.No.6/2024 on 21.01.2025. On 21.01.2025, when the case was called, there was no representation for the plaintiff. Hence a notice was issued to the counsel for the plaintiff, and the case was posted to 25.02.2025. On 25.02.2025, both parties were represented by their respective counsel and the counsel for the plaintiff sought time for filing objection to I.A.No.6/2024. Consequently, the case is now posted to 27.05.2025 for objection and hearing of I.A.No.6/2024.

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Taking into consideration the applications filed and the report of the learned Munsiff, I deem it appropriate to direct the court below to take up I.A.No.6/2024 in 2/2024 in O.S.No.120/2024 and dispose of the same within a period of three months from the date of receipt of a copy of this judgment.

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The original petition is disposed of accordingly.

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sd/

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BASANT BALAJI

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JUDGE

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jm/

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OP(C) NO. 604 OF 2025 5

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2025:KER:22770

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APPENDIX OF OP(C) 604/2025

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PETITIONER EXHIBITS

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Exhibit P1A TRUE COPY OF THE PAINT IN O. S. NO.
120/2024 ON THE FILE OF THE ADDITIONAL
MUNSIFF’S COURT, CHERTHALA DATED
13.02.2024

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Exhibit P2A TRUE COPY OF THE I. A. NO. 2/2024 IN
O. S. NO. 120/2024 ON THE FILE OF THE
ADDITIONAL MUNSIFF’S COURT, CHERTHALA
DATED 04.12.2023

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Exhibit P3A TRUE COPY OF THE AD INTERIM INJUNCTION
ORDER DATED 15.02.2024 IN I. A. NO.
2/2024 IN O. S. NO. 120/2024 ON THE FILE
OF THE ADDITIONAL MUNSIFF’S COURT,
CHERTHALA

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Exhibit P4A TRUE COPY OF THE PLAINT IN O.S. NO.
662/2023 BEFORE THIS HON’BLE ADDITIONAL
MUNSIFF’S COURT, CHERTHALA DATED
04.12.2023

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Exhibit P5A TRUE COPY OF THE I. A. NO. 1/2023 IN
O. S. NO. 662/2023 ON THE FILE OF THE
ADDITIONAL MUNSIFF’S COURT, CHERTHALA
DATED NIL

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Exhibit P6A TRUE COPY OF THE INTERIM INJUNCTION
ORDER DATED 06.12.2023 IN I. A. NO.
1/2023 IN O. S. NO. 662/2023 ON THE FILE
OF THE ADDITIONAL MUNSIFF’S COURT,
CHERTHALA

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Exhibit P7A TRUE COPY OF THE I.A NO. 6/2024 IN
I.A. NO. 2/2024 IN O.S. NO. 120/2024
DATED 14.11.2024

V. K. Radhakrishnan Nair v. Sree Kumar M. C.

Case brief

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V. K. Radhakrishnan Nair v. Sree Kumar M. C.

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