C.V.Rajan vs Aliyar on 5 October, 2009

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108
Kerala High Court
C.V.Rajan vs Aliyar on 5 October, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 26433 of 2009(O)


1. C.V.RAJAN, AGED 58 YEARS,
                      ...  Petitioner

                        Vs



1. ALIYAR, AGED 50 YEARS,
                       ...       Respondent

                For Petitioner  :SRI.GEO PAUL

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.S.SATHEESACHANDRAN

 Dated :05/10/2009

 O R D E R
                   S.S.SATHEESACHANDRAN, J.
                   -----------------------------------
                   W.P.(C).No.26433 of 2009 - O
                   ---------------------------------
             Dated this the 5th day of October, 2009

                           J U D G M E N T

The writ petition is filed seeking the following relief:

“To issue a writ of certiorari directing the Munsiff

Court, Muvattupuzha to dispose I.A.No.1976/2009 within

two weeks or in alternative direct the Honourable Munsiff

Court, Muvattupuzha to dispose off O.S.No.346/2009

within a month to serve the ends of justice”.

2. Petitioner is the plaintiff in O.S.No.346 of 2009 on the

file of the Munsiff Court, Muvattupuzha. Suit is for a decree of

perpetual prohibitory injunction. An application for interim

inunction moved by the plaintiff with the suit is still pending

consideration is the grievance canvassed for issue of

directions/orders to the court below for disposal of that petition,

expeditiously.

3. A report from the learned Munsiff was called for. It is

reported that the application for interim injunction will be heard

and disposed of at the earliest. The report is seen sent on

26.9.2009. Counsel for the petitioner submits that the

W.P.(C).No.26433 of 2009 – O

2

application has not been heard till date.

4. I heard the learned counsel for the petitioner. Having

regard to the submissions made and the facts and circumstances

presented, I find no notice to the respondent is necessary and it

is dispensed with.

5. I direct the learned Munsiff to hear and dispose of

Ext.P3 application within a period of three weeks from the date of

receipt/production of a copy of this judgment.

Writ petition is disposed of as above. Hand over a copy of

the judgment to the counsel for the petitioner and send a copy to

the court concerned forthwith.

S.S.SATHEESACHANDRAN,
JUDGE.

bkn/-

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