Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE25H DAYOF FEBRUARY20146TH PHALGUNA, 1935 OP(C).No. 579 of 2014 (O) -------------------------- AGAINST THE ORDER
/JUDGMENT
IN OS2792013 of PRINCIPAL MUNSIFF COURT,CHERTHALA DATED PETITIONER -------------------------- RAMAKRISHNAN S/O.KOCHUNARAYANAN, PUTHUVALNIKARTHIL CHENNAMPALLIPURAM MURI, PALLIPURAM VILLAGE REPRESENTED BY POWER OF ATTORNEY HOLDER RADHAKRISHNAN S/O.BHASKARAN, AMRUTHALAYAM, CHENNAMPALLIPURAM MURI PALLIPURAM VILLAGE, ALAPPUZHA DISTRICT. 688 541. BY ADV. SMT.G.VIDYA RESPONDENT ---------------------------- GOPINATHAN S/O.PADMANABHAN , VELITHEDATHU VADAKKEKARIYIL CHENNAMPALLIPURAM MURI, PALLIPURAM VILLAFGE ALAPPUZHA DISTRICT.-688541 THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON2502-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C).No. 579 of 2014 (O) -------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1. COPY OF THE PLAINT IN OS27913 ON THE FILES OF PRINCIPAL MUNSIFF COURT, CHERTHALA DATED304.13. EXHIBIT P2. COPY OF THE INJUNCTION PETITION IN CMP NO.282/13 IN OS NO.279/13 DATED304.13. EXHIBIT P3. COPY OF THE INTERIM ORDER
GRANTED BY THE COURT BELOW IN CMP NO.282/13 IN CMP NO.280/13 DATED0205.13. EXHIBIT P4. COPY OF THE REPORT (COVERING LETTER) SUBMITTED BY THE ADVOCATE COMMISSION IN CMP NO.280/13/ EXHIBIT P5. COPY OF THE ROUGH SKETCH SUBMITTED BY THE ADVOCATE COMMISSION IN CMP NO.280/13. EXHIBIT P6. COPY OF THE MAHAZAR SUBMITTED BY THE ADVOCATE COMMISSION IN CMP NO.280/13 EXHIBIT P7. COPY OF THE OBJECTION FILED BY THE RESPONDENT IN CMP NO.282/13 IN CMP NO.280/13 IN OS NO. 279/13 DATED1605.13. EXHIBIT P8. COPY OF THE ORDER
PASSED BY THE COURT BELOW IN IA NO.1337/13 IN OS NO.279/13 DATED0406.13. EXHIBIT P9. COPY OF THE WRITTEN STATEMENT FILED BY THE RESPONDENT IN OS NO.279/13 DATED2111.13. EXHIBIT P10.COPY OF THE PLAINT IN OS NO.277/13 ON THE FILES OF PRINCIPAL MUNSIFF COURT, CHERTHALA. EXHIBIT P11. COPY OF THE WRITTEN STATEMENT FILED BY THE DEFENDANTS IN OS NO.277/13 DATED1208.13. EXHIBIT P12. COPY OF THE PETITION FILED BY THE PETITIONER IN IA NO.2731/13 IN OS NO.279/13 DATED0110.13. EXHIBIT P13. COPY OF THE OBJECTION FILED BY THE RESPONDENT IN IA NO.2731/13 IN OS NO.279/13 DATED2510.13. EXHIBIT P14. COPY OF THE ORDER
PASSED BY THE COURT BELOW IN IA NO.2731/13 IN OS NO.279/13 DATED0412.13. OP(C).No. 579 of 2014 (O) -------------------------- --3--- EXHIBIT P15. COPY OF THE SANCTION GRANTED BY BHASKARAN BROTHER OF THE PETITIONER. RESPONDENT(S)' EXHIBITS --------------------------------------- NIL TRUE COPY P.A TO JUDGE SMM V.CHITAMBARESH,J.
= = = = = = = = = = = O.P.(C) No.579 of 2014 = = = = = = = = = = = == = = = = Dated this the 25th day of February, 2014
JUDGMENT
Only an order to maintain status quo till the disposal of the suit has been passed in I.A No.1337/2013 for temporary injunction. The court below was therefore perfectly justified in refusing police aid to enforce that order as sought in I.A No.2731/2013.
2. Interest of justice would be met by directing the court below to dispose of I.A No. 1337/2013 finally on merits. The Court of the Principal Munsiff of Cherthala shall do so in O.S No.279/2013 within a period of one month.
3. The petitioner is free to move afresh for police aid dependant on the final orders passed in I.A No.1337/2013. The same shall be considered untrammelled by the observations contained the order in I.A No.2731/2013. The entitlement or otherwise of the petitioner to lay pipes beneath the road shall also be considered simultaneously. O.P.(C) No.579 of 2014 2 4. There is however no error of jurisdiction in the order impugned warranting interference. The Original Petition is dismissed. V.CHITAMBARESH JUDGE smm