Arun vs Suresh

R.Narayana Pisharadi, J

The petitioner instituted a suit before the Vacation Court, Thrissur for granting a decree of prohibitory injunction. He also filed an application for temporary injunction and also for appointment of a Commissioner. The Vacation Court appointed a Commissioner to inspect the property in dispute and ordered notice to the respondents in the application for temporary injunction.

It is stated that the Commissioner has inspected the property and filed a report. It is also stated that the respondents appeared before the Vacation Court and filed objection to the application for temporary injunction. It is alleged that, meanwhile, the respondents commenced construction activities in the property in dispute. On such allegation, the petitioner filed another application for granting an interim mandatory injunction and yet another application for appointment of a Commissioner.

It is stated that due to the present pandemic situation, the Munsiff's Court, Irinjalakkuda (in which the suit had to be originally filed) did not conduct sittings on re-opening of the court after summer vacation. In such circumstances, the petitioner has prayed for the following reliefs:

i) Issue appropriate writ or order of interim injunction against the respondents directing them not to encroach or do any construction activity in the plaint schedule property during the pendency of the suit.

ii) Issue appropriate writ or order directing the Vacation Court, Thrissur/District Court, Thrissur/Munsiff Court, Irinjalakuda(Concern Court) to consider Exhibit P3 and P7 applications and pass appropriate orders within a period of 2 weeks.

iii) Issue any other writ, order or directions as this Hon'ble Court may deem fit and proper in the interest of justice and in the circumstances of the case.

Considering the nature of the relief proposed to be granted in this original petition, I find it not necessary to issue any notice to the respondents.

Heard learned counsel for the petitioner.

Learned counsel for the petitioner submits that he would be satisfied with a direction to the Munsiff's Court, Irinjalakkuda to consider and dispose of the applications for temporary injunction filed by him, within a time frame to be fixed by this Court. I am inclined to accept this prayer.

Consequently, the original petition is allowed as follows:

The Munsiff's Court, Irinjalakkuda is directed to consider and dispose of Exts.P3 and P7 applications within a period of one month from the date of production of a certified copy of this judgment before that court.