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Judgment
V.G.Arun, J
The original petition is filed voicing an apprehension that the Principal Munsiff, Ernakulam may pronounce judgment in O.P.(Election) No.1 of 2021, without considering the interlocutory application filed by the petitioner.
The essential facts are that the O.P.(Election) has been filed before the Principal Munsiff Court, Ernakulam, challenging the petitioner's election to Division No.29 of Kochi Corporation. The original petition is posted for final hearing and in the meanwhile the petitioner filed the interlocutory application raising certain legal issues. As the interlocutory application is not being taken up for consideration, the petitioner apprehends that final judgment will be pronounced without considering the application.
Having heard the learned Senior Counsel appearing for the parties on either side, I am of the opinion that the petitioner having filed an interlocutory application, the learned Munsiff is bound to pass orders thereon, before pronouncing the final judgment. The sustainability of the application and validity of the contention are matters to be decided by the learned Munsiff, after affording an opportunity to the parties.
Learned Senior Counsel for the respondent submits that being an election petition, pendency of the interlocutory application should not result in protraction of the proceedings.
The Original Petition is hence disposed of, directing the Principal Munsiff, Ernakulam, to consider the interlocutory application filed by the petitioner in O.P.(Election) No.1 of 2021 and to pass orders thereon, before pronouncing the final judgment.
Needless to mention that, the order shall be passed expeditiously, after affording an opportunity of hearing to the parties.