Komalam vs Saraswathy

Gopinath P, J

Petitioner is the plaintiff in O.S.No.311/2021 on the files of the Principal Munsiff Court, Palakkad. It is stated that the petitioner had filed

I.A.No.1410/2021 in the said suit praying for a temporary injunction.

The learned counsel for the petitioner submits that, despite there being a strong prima facie case and despite the balance of convenience being in

favour of the petitioner/plaintiff, the learned Munsiff did not grant any ex-party injunction and directed issuance of notice in I.A.No.1410/2021. The

learned counsel refers to Ext.P6 Commission Report to point out that, the Commissioner has reported that the property of the petitioner was fenced on

all four sides with barbed wire fence. He submits that, despite filing an application for early hearing of the application for injunction, that application

has also been listed for consideration to 24.08.2020. The learned counsel would further submit that there is every chance of trespass, considering the

intervening Onam Holidays.

Taking note of all the aforesaid facts and considering the fact that the application for temporary injunction is listed on 31.08.2021, I am of the

opinion that, this original petition can be disposed of without notice to the respondent.

Accordingly, this original petition will stand disposed of directing that, I.A.No.1410/2021 in O.S.No.311/2021 shall be taken up for consideration on

31.08.2021 if notice of that I.A. has been served on the respondent. Status quo as on today shall be maintained by all parties till orders are passed on

I.A.No.1410/2021 in O.S.No.311/2021. I make it clear that I have not expressed any opinion on the merits of the matter and that the learned Munsiff

shall dispose of I.A.No.1410/2021 in O.S.No.311/2021, untrammeled by any observations made in this judgment.