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Rajendran vs Santha @ Santhamma

High Court Of Kerala · Decided on 2 June 2011 · Citation: (2011) 06 KL CK 0211

HON’BLE JUDGES
K.T. Sankaran, J
CASE NUMBER
OP (C) No. 1530 of 2011 (O)
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Judgment

3 paragraphs · 214 words

K.T. Sankaran, J.—The Petitioner is the first Defendant in O.S. No. 1276 of 2010 on the file of the Court of the Principal Munsiff of Thiruvananthapuram. The suit was filed by the Respondent for permanent prohibitory injunction. I.A. No. 5704 of 2010 was filed by the Respondent/Plaintiff for temporary injunction. Interim injunction was granted without hearing the Petitioner/Defendant. The Petitioner/Defendant filed counter in I.A. No. 5704 of 2010 and objected to the grant of injunction.

2.

The grievance of the Petitioner is that I.A. No. 5704 of 2010 is not yet disposed of, though the application was once heard and orders reserved. It is pointed out that after orders were reserved, on the application of the Respondent herein, the matter was re-posted for hearing. Still, the application for injunction is not disposed of. It is submitted that the Petitioner is put to irreparable injury and great hardship because of the continuance of the interim injunction.

In the facts and circumstances of the case, the Original Petition is disposed of directing the Principal Munsiff''s Court, Thiruvananthapuram to dispose of I.A. No. 5704 of 2010 in O.S. No. 1276 of 2010 as expeditiously as possible and at any rate within a period of one month from the date of receipt of a copy of the judgment.