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Judgment
6 paragraphs · 212 wordsA. Badharudeen, J
The petitioner/plaintiff in O.S.No.1164/2020 pending before the IIIrd Additional Munsiff Court, Thiruvananthapuram, who is aggrieved in the matter of non disposal of I.A.No.1/2020 in the above case, a petition seeking interim injunction, has filed this Original Petition under Article 227 of the Constitution of India with a prayer to direct the learned Munsiff to expedite the hearing of I.A.No.1/2020 in O.S.No.1164/2020 within a time frame fixed by this Court.
Heard the learned counsel for the petitioner.
It is not in dispute that as per Order 39 Rule 3A of Code of Civil Procedure, an application for injunction has to be finally disposed of by the Munsiff within 30 days period. Despite this statutory mandate, and on repeated applications for advancement of hearing submitted by the petitioner, the Munsiff is not disposing of I.A.No.1/2020, is the grievance of the petitioner.
Since the prayer is only to expedite the disposal of I.A.No.1/2020 in O.S.No.1164/2020, notice to the respondent is dispensed with.
In the result, the Original Petition is allowed. There shall be a direction to the IIIrd Additional Munsiff Court, Thiruvananthapuram to dispose of I.A.No.1/2020 in O.S.No.1164/2020 within a period of 45 days from the date of receipt of a copy of this judgment or its production by the parties concerned.