Penta Granites vs Eldhose

Type Court Judgment Court Kerala Decided Feb 20, 2019

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Citation: sooperkanoon.com/1870034
Court: Kerala High Court
Judge: Honourable Mr. Justice P.B.Suresh Kumar
Decided On: Feb 20, 2019
Case Number: OP(C)/554/2019

Parties & Advocates

Appellant / Petitioner

Penta Granites

Respondent

Eldhose

Excerpt

.....after hearing both sides. ext.p6 is an application preferred by the petitioner later on 01.01.2019 stated to be under the second proviso to rule 4 of order 39 of the code of civil procedure for modification of theorder of injunction passed in the suit. the grievance voiced by thepetitioner in the original petition concerns the delay on the part of the court in passing orders on ext.p6 application.2. heard the learned counsel for the petitioner.3. having regard to the facts and circumstances of the caseand the case set out by the petitioner in ext.p6 application, i deem it appropriate to direct the court below to pass orders on ext.p6 application as expeditiously as possible, at any rate, within three weeks from the date of receipt of a copy of this judgment, after affording the parties an opportunity of hearing. ordered accordingly.the original petition (civil) is disposed of as above. p.b.suresh kumar, judge pkk op(c) no. 554 of 2019 3 appendix petitioner's exhibits: exhibit p1 a true copy of the plaint in o.s.no.438/2015 on the files munsiff's court,alathur. exhibit p2 a true copy of the written statement filed by the petitioner to ext.p1 plaint. exhibit p3 a true copy of i.a.no.1883/2015 (injunction petition) in o.s.no.438/2015 on the files of munsiff's court,alathur. exhibit p4 a true copy of the commission report and rough sketch dated 28.10.2015 in o.s.no.438/2015 on the files of munsiff's exhibit p5 a true copy of the commission report andsurvey map along with the report of the geologist dated 04.12.2017 in o.s.no.438/2015 on the files munsiff's exhibit p6 a true copy of the i.a.no.167/2019 in i.a.no.1883/2015 in o.s.no.438/2015 on the files of munsiff's court,alathur. //true copy// p.a. to judge

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR WEDNESDAY,THE 20TH DAY OF FEBRUARY 2019 / 1ST PHALGUNA, 1940 OP(C).No. 554 of 2019 PETITIONER/DEFENDANT: PENTA GRANITES, A PARTNERSHIP FIRM REPRESENTED BY PARTNER P.J.JOSHI,S/O.JOSEPH,AGED 48 YEARS,NEETHIPURAM,ELAVAMPADAM POST, ALATHUR TALUK,PALAKKAD DISTRICT. BY ADVS. SRI.M.R.RAJESH SMT. SANDHYA E.S. RESPONDENT/PLAINTIFF: ELDHOSE, AGED 39 YEARS, S/O.ABRAHAM,RESIDING AT THANNIKOTTIL,AANAKUZHIPADAM, KIZHAKKENCHERY AMSOM AND DESOM,ALATHUR TALUK,PALAKKAD DISTRICT-678541. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 20.02.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

JUDGMENT

The sole defendant in a suit for injunction is the petitioner in this original petition filed under Art. 227 of the Constitution. Along with the suit, the plaintiff preferred an application for temporary injunction and the court passed an order on 26.10.2015 on the said application OP(C) No. 554 of 2019 2 after hearing both sides. Ext.P6 is an application preferred by the petitioner later on 01.01.2019 stated to be under the second proviso to Rule 4 of Order 39 of the Code of Civil Procedure for modification of the

order of injunction passed in the suit. The grievance voiced by the

petitioner in the original petition concerns the delay on the part of the court in passing orders on Ext.P6 application.

2. Heard the learned counsel for the petitioner.

3. Having regard to the facts and circumstances of the case

and the case set out by the petitioner in Ext.P6 application, I deem it appropriate to direct the court below to pass orders on Ext.P6 application as expeditiously as possible, at any rate, within three weeks from the date of receipt of a copy of this judgment, after affording the parties an opportunity of hearing. Ordered accordingly.

The Original Petition (Civil) is disposed of as above. P.B.SURESH KUMAR, JUDGE PKK OP(C) No. 554 of 2019 3 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 A TRUE COPY OF THE PLAINT IN O.S.NO.438/2015 ON THE FILES MUNSIFF'S COURT,ALATHUR. EXHIBIT P2 A TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE PETITIONER TO EXT.P1 PLAINT. EXHIBIT P3 A TRUE COPY OF I.A.NO.1883/2015 (INJUNCTION PETITION) IN O.S.NO.438/2015 ON THE FILES OF MUNSIFF'S COURT,ALATHUR. EXHIBIT P4 A TRUE COPY OF THE COMMISSION REPORT AND ROUGH SKETCH DATED 28.10.2015 IN O.S.NO.438/2015 ON THE FILES OF MUNSIFF'S EXHIBIT P5 A TRUE COPY OF THE COMMISSION REPORT AND

SURVEY MAP ALONG WITH THE REPORT OF THE GEOLOGIST DATED 04.12.2017 IN O.S.NO.438/2015 ON THE FILES MUNSIFF'S EXHIBIT P6 A TRUE COPY OF THE I.A.NO.167/2019 IN I.A.NO.1883/2015 IN O.S.NO.438/2015 ON THE FILES OF MUNSIFF'S COURT,ALATHUR. //TRUE COPY// P.A. to JUDGE

Same Court & Year Kerala · 2019 Same Parties Penta Granites vs Eldhose Same Judge Honourable Mr. Justice P.B.Suresh Kumar