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Judgment
7 paragraphs · 294 wordsC.S Dias, J
The original petition is filed to direct the court of the Munsiff, Varkala, to consider and dispose of I.A.No.1/2020 in O.S.No.13/2020 (Ext P3) within a reasonable time period.
Pursuant to the order dated 17.02.2023 passed by this Court, the learned Munsiff, by communication dated 23.02.2023, has informed this Court that the suit is filed for a decree of permanent prohibitory injunction. Along with the suit, I.A.No.1/2020 was filed for an order of temporary injunction. On going through the records, the court below found that there was an arbitration clause in the partnership deed. Hence, I.A.No.1/2020 was re-opened for considering whether steps have to be complied under Section 89 of the Code of Civil Procedure, 1908, (in short, ‘Code’). The court below requires six months’ time to dispose of I.A.No.1/2020.
Heard; Sri. R.T. Pradeep, the learned counsel appearing for the petitioners, Sri. Philip J.Vettickattu, the learned counsel appearing for the respondents 1 and 2, Sri. S. Unnikrishnan, the learned Government Pleader appearing for the respondents 3 to 5 and Sri. Naveen, the learned counsel appearing for the sixth respondent.
In the light of the pleadings and materials on record and after perusing the communication of the learned Munsiff, in view of the mandate under Order 39 Rule 3A of the Code, I am of the view that I.A.No.1/2020, which is filed for an order of temporary injunction has to be expeditiously disposed of.
Resultantly, in exercise of the supervisory powers of this Court under Article 227 of the Constitution of India, I direct the court of the Munsiff, Varkala, to consider and dispose of I.A.No.1/2020 in O.S.No.13/2020, in accordance with law, as expeditiously as possible, at any rate, on or before 12.04.2023.
The original petition is ordered accordingly.