IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 26288 of 2007(D)
1. K.MUSTHAFA, S/O.MAMMED,
... Petitioner
Vs
1. K.P.ABDUL JABBAR, AGED 57 YEARS,
... Respondent
2. T.P.MUHAMMED ALIAS CHINNAKUTTY HAJI,
3. P.K.FAISAL, S/O.K.T.MUHAMMED MASTER,
4. ANVAR.T.P., AGED 35 YEARS,
For Petitioner :SRI.C.KHALID
For Respondent :SRI.K.S.HARIHARAPUTHRAN
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :07/09/2007
O R D E R
M.N.Krishnan, J.
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W.P(C).No.26288 of 2007
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Dated this the 7th day of September, 2007.
JUDGMENT
This Writ Petition is filed seeking to set aside Ext.P4 order
passed by the Munsiff, Parappanangadi in I.A.No.1286 of 2007 in
O.S.No.171 of 2007. It is unfortunate that the learned Munsiff
has passed such an order. An ex parte order of injunction was
granted. The other side entered appearance and filed counter.
The proper procedure for the court was to pass a considered
order under Order 39 Rule 4. But the court did not apply its mind
and just held that prima facie it appears that the suit is not
maintainable. So far as the maintainability of the suit is
concerned, the court should have a definite view whether it is
maintainable or not rightly or wrongly.
2. The court cannot go on changing by passing an order of
this nature. Therefore, this is an order, which requires
interference under Article 227 of the Constitution of India and
WP(C) 26288/07 -: 2 :-
therefore, it is set aside. I am informed that the matter is posted
on 11.9.2007. I direct both the parties to get ready and
complete the arguments; so that there can be a full-fledged
disposal of the I.A. in accordance with law. The learned Munsiff
shall dispose it of within two weeks from 11.9.2007.
Writ Petition is disposed of as above.
M.N.Krishnan,
Judge.
ess 7/9