High CourtsSingle Bench

Moidu M.K vs Abdurahiman P.K

High Court Of Kerala · Decided on 16 August 2023 · Citation: (2023) 08 KL CK 0152

HON’BLE JUDGES
C. S. Dias, J
ACTS & SECTIONS REFERRED
Constitution of India, 1950 — Article 227
RESULT
Disposed Of
CASE NUMBER
Original Petition (C) No. 1567 Of 2023
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Judgment

7 paragraphs · 245 words

C.S Dias, J

1.

The original petition is filed to direct the Court of the Munsiff, Thalassery, to consider and dispose of IA No.2/2020 in OS No.377/2020, expeditiously.

2.

Pursuant to the order dated 2.8.2023 passed by this Court, the learned Munsiff, by communication dated 4.8.2023, has informed this Court that IA No.2/2020 is filed for an order of temporary injunction. The court below had passed an ad-interim order of injunction and the application is posted along with the suit. There are twenty seven defendants in the suit. Service of notice is not complete on the defendants. The suit stands posted to 21.8.2023.

3.

Heard; Sri.R.Sunil Kumar, the learned counsel appearing for the petitioners. Even though notice has been served on the learned counsel appearing for the respondents before the court below, there is no appearance for them.

4.

Having considered the pleadings and materials on record and after perusing the communication of the learned Munsiff, in exercise of the supervisory powers of this Court under Article 227 of the Constitution of India, I am inclined to allow the original petition.

Resultantly, I order the original petition as follows: The Court of the Munsiff, Thalassery, is directed to consider and dispose of IA No.2/2020 in OS No.377/2020, in accordance with law and as expeditiously as possible, at any rate, within a period of one month from the date all the defendants enter appearance through Counsel before the court below.

The original petition is ordered accordingly.