P.K. Sunil vs P.R. Vijayan And Ors

The petitioner in this original petition is the plaintiff in O.S.No.765/2020 before 1st Additional Munsiff Court, Ernakulam. He filed the suit for

permanent injunction. Along with the suit, he filed Ext.P5 [I.A.No.2/2020 in O.S.No.765/2020] seeking an order of temporary injunction against the

respondents/defendants restraining them from transferring the suit property.

It is submitted by the learned counsel for the petitioner/plaintiff that the court below instead of passing an order of injunction chose to issue notice to

respondents and notices are yet to be served. I.A.No.2/2020 in O.S.No.765/2020 is stated to have been filed on 14.09.2020. The apprehension

expressed by the learned counsel for the petitioner is that unless some orders preventing the respondents from alienating the property are issued, the

petitioner will be put to irreparable loss and injury.

This original petition is, therefore, filed for issue of a direction to the court below to take up I.A.No.2/2020 forthwith and dispose of it in accordance

with law.

The fact that the court below chose to issue notice to respondents and respondents are yet to appear is no reason to delay disposal of

I.A.No.2/2020. From the nature of contentions raised before the court below, it was only fair and proper for the court to have passed orders on

I.A.No.2/2020 in accordance with law when it noticed that service of notice on respondents was being delayed.

I do not want to express any view on the merits of the contentions raised by the petitioner. In the nature of view which I propose to take below, the

notice to respondents is dispensed with. I am of the opinion that it is only fair and reasonable that the court below is directed to dispose of

I.A.No.2/2020 in O.S.No.765/2020 within a period of two weeks from the date of receipt of certified copy of this judgment.

In the result, original petition is disposed of directing the learned Munsiff,Ernakulam to take up I.A.No.2/2020 in O.S.No.765/2020 and pass urgent

orders after hearing the petitioner in event of the respondents not appearing in the proceeding in the meantime. If the respondents appear within the

time stipulated above, orders may be passed after hearing them also. It is made clear that the court below will be at full liberty to pass any order of its

choice in accordance with law. Order on I.A.No.2/2020 shall not be delayed.

All pending interlocutory applications will stand closed.