Ranjeesh Kumar a.P vs Rajith Kumar. a.P

Type Court Judgment Court Kerala Decided Jan 31, 2024

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https://sooperkanoon.com/case/1301981

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Citation: sooperkanoon.com/1301981
Court: Kerala High Court
Judge: Honourable Mr.Justice C. Jayachandran
Decided On: Jan 31, 2024
Case Number: OP(C)/1981/2022

Parties & Advocates

Appellant / Petitioner

Ranjeesh Kumar a.P

Respondent

Rajith Kumar. a.P

Excerpt

.....puthiya bhagavathi temple represented by its prsident sri.a. narayanan, aged 72 years s/o kunhappa, residing at anugraha, kannadipparamba amsom desom, talipparamba taluk, kannur, pin - 670604 3 surendran. c.p aged 66 years s/o kunhambu, currently acting as the secretary of kottali sreekurumba puthiya bhagavathi temple, residing at cheleriamsom, nunheri desom, talipparamba taluk ,kannur, pin - 670604 4 shylaja thamburatti aged 65 years o.p.(c) no.1981 of 2022 2 d/o shankara varma valiya koyi thamburan, w/o vijayan, residing at pazhassi kovilakam, pazhassi amsom desom, kannur, pin - 670702 by adv k.aboobacker sidheeque this op (civil) having come up for admission on 31.01.2024, the court on the same day delivered the following: o.p.(c) no.1981 of 2022 3c. jayachandran , j.------------------------------ o.p.(c) no.1981 of 2022 ----------------------------------- dated this the 31st day of january 2024judgmentalthough the original petition is filed challenging ext.p2judgment of the sub court, kannur which reversed an interiminjunction passed by the learned munisff, vide ext.p1, the learned counsel appearing for the petitioner/plaintiff submits that the plaintiff requires only a direction for expeditious disposal of the suit.2. the submission made by the learned counsel appearing forthe petitioner/plaintiff is not opposed by the learned counsel appearing for the respondents. in the circumstances, this original petition is closed directing the learned principal munsiff, kannur to expedite the suit in o.s. no.9 of 2022 and to dispose of the same within a period of six months from the date of receipt of a copy of this judgment. sd/- c. jayachandran, judge ns o.p.(c) no.1981 of 2022 4 appendix of op(c) 1981/2022 petitioner exhibits exhibit p1 true copy of the order in ia 02/2022 in os 09/2022 dated 11.2.2022 of the principal munsiff court, kannur exhibit p2 true copy of the judgment in cma no. exhibit p3 true copy of the ia 02/2022 in os 09/ 2022 filed before the munsiff.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN WEDNESDAY, THE 31ST DAY OF JANUARY 2024 / 11TH MAGHA, 1945 OP(C) NO. 1981 OF 2022 AGAINST THE JUDGMENT IN CMA NO.13/2022 OF SUB COURT, KANNUR PETITIONER/RESPONDENT NO.1 & PLAINTIFF : RANJEESH KUMAR A.P AGED 43 YEARS, S/O RAVI PANICKER.A.P, RESIDING AT CHELERIAMSOM, NUNHERIDESOM, TALIPPARAMBA TALUK, KANNUR, PIN - 670604 BY ADVS. M.K.SUMOD ABDUL RAOOF PALLIPATH K.R.AVINASH (KUNNATH) E.MOHAMMED SHAFI VIDYA M.K. RESPONDENTS/APPELLANT & RESPONDENT NOS.2 TO 4/RESPONDENTS: 1 RAJITH KUMAR. A.P AGED 47 YEARS S/O LATE.KANNAN MUTHUKUTON, RESIDING AT ALULLAPARAMBIL HOUSE, CHELERI AMSOM, NUNHERIDESOM, TALIPPARAMBA TALUK,KANNUR, PIN - 670604
2 KOTTALI SHREE KURUMBA PUTHIYA BHAGAVATHI TEMPLE REPRESENTED BY ITS PRSIDENT SRI.A. NARAYANAN, AGED 72 YEARS S/O KUNHAPPA, RESIDING AT ANUGRAHA, KANNADIPPARAMBA AMSOM DESOM, TALIPPARAMBA TALUK, KANNUR, PIN - 670604 3 SURENDRAN. C.P AGED 66 YEARS S/O KUNHAMBU, CURRENTLY ACTING AS THE SECRETARY OF KOTTALI SREEKURUMBA PUTHIYA BHAGAVATHI TEMPLE, RESIDING AT CHELERIAMSOM, NUNHERI DESOM, TALIPPARAMBA TALUK ,KANNUR, PIN - 670604 4 SHYLAJA THAMBURATTI AGED 65 YEARS O.P.(C) No.1981 of 2022 2 D/O SHANKARA VARMA VALIYA KOYI THAMBURAN, W/O VIJAYAN, RESIDING AT PAZHASSI KOVILAKAM, PAZHASSI AMSOM DESOM, KANNUR, PIN - 670702 BY ADV K.ABOOBACKER SIDHEEQUE THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 31.01.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.(C) No.1981 of 2022 3
C. JAYACHANDRAN , J.
------------------------------ O.P.(C) No.1981 of 2022 ----------------------------------- Dated this the 31st day of January 2024

JUDGMENT

Although the Original Petition is filed challenging Ext.P2

judgment of the Sub Court, Kannur which reversed an interim

injunction passed by the learned Munisff, vide Ext.P1, the learned counsel appearing for the petitioner/plaintiff submits that the plaintiff requires only a direction for expeditious disposal of the suit.

2. The submission made by the learned counsel appearing for

the petitioner/plaintiff is not opposed by the learned counsel appearing for the respondents. In the circumstances, this Original Petition is closed directing the learned Principal Munsiff, Kannur to expedite the suit in O.S. No.9 of 2022 and to dispose of the same within a period of six months from the date of receipt of a copy of this judgment. Sd/- C. JAYACHANDRAN, JUDGE NS O.P.(C) No.1981 of 2022 4 APPENDIX OF OP(C) 1981/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER IN IA 02/2022 IN OS 09/2022 DATED 11.2.2022 OF THE PRINCIPAL MUNSIFF COURT, KANNUR Exhibit P2 TRUE COPY OF THE JUDGMENT IN CMA NO. Exhibit P3 TRUE COPY OF THE IA 02/2022 IN OS 09/ 2022 FILED BEFORE THE MUNSIFF COURT, ExhibitP4 TRUE COPY OF THE COUNTER STATEMENT FILED BY RESPONDENTS 2 & 3 IN IA 2/22 IN OS Exhibit P5 TRUE COPY OF THE COUNTER STATEMENT IN IA RESPONDENT NO.4 BEFORE THE SUB MUNSIFF Exhibit P6 TRUE COPY OF THE COUNTER STATEMENT FILED BY THE 1ST RESPONDENT BEFORE THE MUNSIFF

Same Court & Year Kerala · 2024 Same Parties Ranjeesh Kumar a.P vs Rajith Kumar. a.P Same Judge Honourable Mr.Justice C. Jayachandran