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Judgment
8 paragraphs · 345 wordsA. Badharudeen, J
This Original Petition has been filed under Article 227 of the Constitution of India.
The petitioner herein is the 1st defendant in O.S.No.364 of 2022 and he seeks early disposal of I.A.No.2 of 2022, interim injunction application, pending before the Additional Munsiff Court-III, Ernakulam.
According to the learned counsel for the petitioner, the 1st respondent herein/the plaintiff in the above Suit obtained an interim ex parte injunction as Ext.P5 and thereby the petitioner’s right to use a pathway, which was purchased by the defendant as per Ext.P1 sale deed, was restrained in a manner and thereby the petitioner could not carry vehicles through the said pathway. He also submitted that the petitioner is a poor man, having cattle to carry on through the way and because of the interim ex parte injunction and hesitance on the part of the trial court to dispose of the same on merits, the petitioner has been suffering and therefore, an early disposal of I.A.No.2 of 2022 on merits, particularly, in view of Ext.P1 sale deed is absolutely necessary.
Since the prayer is only to direct the trial court to hear and dispose of I.A.No.2 of 2022 in O.S.No.364 of 2022 in the context of submission made, notice to the other side is dispensed with. In fact, it is the statutory mandate for the court under Order 39 Rule 3A of CPC to dispose of injunction application, where an injunction has been granted without notice within thirty days.
In view of the matter, there shall be a direction to the Additional Munsiff Court-III, Ernakulam to hear and dispose of I.A.No.2 of 2022 in O.S.No.364 of 2022 on merits, after hearing both sides and addressing the contentions raised by the petitioner as discussed above, within a period of two weeks, from the date of receipt or production of a copy of this judgment.
This Original Petition (Civil) stands allowed as indicated above.
Registry is directed to forward a copy of this judgment to the court below concerned, within seven days, for compliance and information.