IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 22810 of 2008(M)
1. SEETHI MARAKKARAKATH SHAREEFA
... Petitioner
Vs
1. S.M.AVARAN KOYA
... Respondent
For Petitioner :SRI.K.M.FIROZ
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :29/07/2008
O R D E R
M.SASIDHARAN NAMBIAR, J.
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W.P.(C) No.22810 of 2008
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Dated this the 29th July, 2008.
J U D G M E N T
This petition is filed under Article 227 of the Constitution
of India to quash Exts.P4 and P5 orders passed by Principal Munsiff,
Kozhikode, in I.A.No.4747 of 2007 and I.A.No.4748 of 2007 in
O.S.No.669 of 2007. Petitioner is the plaintiff in the suit. The suit is
for permanent prohibitory injunction restraining fourth respondent,
Corporation of Kozhikode, from causing obstruction to the construction
of the residential house in the plaint schedule property. The case of
the petitioner is that respondents 1 to 3 filed I.A.No.4748 of 2007,
applications to get themselves impleaded as additional defendants
under Order I Rule 10 of Code of Civil Procedure in the suit, and
I.A.No.4747 of 2007, an application to get themselves impleaded in
the application filed by the petitioner under Order XXXIX Rule 1 of
Code of Civil Procedure for an order of temporary injunction, and
petitioner filed a detailed counter opposing the applications, learned
Munsiff did not consider the objections and allowed the applications
without showing any reason, and, therefore, the orders are to be
quashed.
W.P.(C) No.22810 of 2008
2
2. Exts.P4 and P5 orders read as “Heard. Allowed”.
Exts.P2 and P3 are the objections filed by the petitioner. Learned
Munsiff should have considered the objections and pass a speaking
order in both the applications. A judicial order can be brief. It cannot
be blank. As the objections were not considered and reasons for
allowing the applications are not shown in Exts.P4 and P5 orders, both
the orders are quashed. Learned Munsiff is directed to pass
appropriate orders in I.A.No.4747 of 2007 and I.A.No.4748 of 2007 in
O.S.No.669 of 2007, after hearing the parties and considering Exts.P2
and P3 objections.
The writ petition is disposed as above.
M.SASIDHARAN NAMBIAR,
JUDGE
nj.