Vasanthakumari vs Ajithkumar

Type Court Judgment Court Kerala Decided Apr 01, 2024

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Citation: sooperkanoon.com/1320229
Court: Kerala High Court
Judge: Honourable Dr. Justice Kauser Edappagath
Decided On: Apr 01, 2024
Case Number: OP(C)/810/2024

Parties & Advocates

Appellant / Petitioner

Vasanthakumari

Respondent

Ajithkumar

Excerpt

.....on merits.2. the petitioners are the defendants and the respondent is the plainfiff in o.s.no.41/2024 on the file of the additional munsiff court,neyyattinkara. the respondent has obtained ext.p3 ex-parte injunction orderunder order 39 rule 1 of cpc against the petitioners. the grievance of the petitioners is that, even though they filed an objection to the injunction application and pressed for a hearing, the learned munsiff simply denied the same. it is in these circumstances, the petitioners have approached this court.3. having heard the learned counsel for the petitioners andconsidering the fact that the petitioners have suffered an exparte injunction order, the additional munsiff court, neyyattinkara is directed to dispose of ext.p2 injunction application as expeditiously as possible, after hearing both sides, in accordance with law. the o.p.(c) is disposed of as above. sd/- dr. kauser edappagath judge apa ..3.. appendix of op(c) 810/2024 petitioner exhibitsexhibit p1 a true copy of plaint 4. o.s no.41/2024 before exhibit p2 a true copy of injunction petition ia.1/2024 in o.s no.41/2024 before the munsiff court, exhibit p3 a true copy of that exparte order dated 16-01-2024 ia.1/2024 in o.s no.41/2024 before the exhibit p4 a true copy of the objection to i.a no. 1/2024 in o.s no.41/2024 before the munsiff court, exhibit p5 a true copy of the petition for vacating the exparte order ia.6/2024 in o.s no.41/2024 before exhibit p6 a petition to advance the posting of the case is also filed on 26.02.2024. a true copy advance petition ia.5/2024 in o.s no.41/2024 before the

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH MONDAY, THE 1ST DAY OF APRIL 2024 / 12TH CHAITHRA, 1946 OP(C) NO. 810 OF 2024 AGAINST THE ORDER/JUDGMENT DATED 16.01.2024 IN OS NO.41 OF 2024 OF I ADDITIONAL MUNSIFF COURT ,NEYYATTINKARA PETITIONERS/RESPONDENTS/DEFENDANTS: 1 VASANTHAKUMARI AGED 70 YEARS, W/O . RAVEENDRAN, THIRUVANANTHAPURAM, PIN - 695132 2 RAVEENDRAN AGED 72 YEARS, S/O GOPALAN, THIRUVANANTHAPURAM, PIN - 69513 BY ADV G.S.REGHUNATH RESPONDENT/PETITIONER/PLAINTIFF: AJITHKUMAR AGED 56 YEARS, S/O VASUDEVAPANKKER, KUMARESA VILASOM , CHENKAL PO, NEYYATTINKARA, THIRUVANANTHAPURAM, PIN - 695132 THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 01.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ..2..

JUDGMENT

Heard the learned counsel for the original petitioners. The limited prayer in this original petition is to give a direction to the Additional Munsiff Court, Neyyattinkara to hear and dispose of Ext.P2 injunction application on merits.

2. The petitioners are the defendants and the respondent is the plainfiff in O.S.No.41/2024 on the file of the Additional Munsiff Court,

Neyyattinkara. The respondent has obtained Ext.P3 ex-parte injunction order

under Order 39 Rule 1 of CPC against the petitioners. The grievance of the petitioners is that, even though they filed an objection to the injunction application and pressed for a hearing, the learned Munsiff simply denied the same. It is in these circumstances, the petitioners have approached this Court.

3. Having heard the learned counsel for the petitioners and

considering the fact that the petitioners have suffered an exparte injunction order, the Additional Munsiff Court, Neyyattinkara is directed to dispose of Ext.P2 injunction application as expeditiously as possible, after hearing both sides, in accordance with law. The O.P.(C) is disposed of as above. Sd/- DR. KAUSER EDAPPAGATH JUDGE APA ..3.. APPENDIX OF OP(C) 810/2024 PETITIONER EXHIBITS

EXHIBIT P1      A TRUE COPY OF PLAINT 4. O.S NO.41/2024 BEFORE
EXHIBIT P2      A TRUE COPY OF INJUNCTION PETITION IA.1/2024 IN
                O.S   NO.41/2024  BEFORE  THE   MUNSIFF  COURT,
EXHIBIT P3      A TRUE COPY OF THAT EXPARTE ORDER DATED 16-01-

2024 IA.1/2024 IN O.S NO.41/2024 BEFORE THE EXHIBIT P4 A TRUE COPY OF THE OBJECTION TO I.A NO. 1/2024 IN O.S NO.41/2024 BEFORE THE MUNSIFF COURT, EXHIBIT P5 A TRUE COPY OF THE PETITION FOR VACATING THE EXPARTE ORDER IA.6/2024 IN O.S NO.41/2024 BEFORE EXHIBIT P6 A PETITION TO ADVANCE THE POSTING OF THE CASE IS ALSO FILED ON 26.02.2024. A TRUE COPY ADVANCE PETITION IA.5/2024 IN O.S NO.41/2024 BEFORE THE

Same Court & Year Kerala · 2024 Same Parties Vasanthakumari vs Ajithkumar Same Judge Honourable Dr. Justice Kauser Edappagath