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Valayudhan vs Kochy on 24 June, 2008

Kerala High Court
Valayudhan vs Kochy on 24 June, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 19001 of 2008(K)



1. VALAYUDHAN
                      ...  Petitioner

                        Vs

1. KOCHY
                       ...       Respondent

                For Petitioner  :SRI.RAJESH SIVARAMANKUTTY

                For Respondent  : No Appearance

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :24/06/2008

 O R D E R
                    M.SASIDHARAN NAMBIAR, J.

                       -------------------------------

                       W.P.(C) No.19001 of 2008

                       -------------------------------

                     Dated this the 24th June, 2008.

                            J U D G M E N T

Additional third defendant in O.S.No.38/2007, on the

file of the Munsiff-Magistrate Court, Ponnani, is the petitioner, and

respondent the plaintiff. Respondent originally instituted the suit

against two defendants. An order of injunction was passed against

them in I.A.No.183/2007, restraining them from doing any

construction work in the property. It is thereafter petitioner was

impleaded as third defendant. I.A.No.432/2008 was thereafter filed

by the respondent under Order XXXIX Rule 1 of Code of Civil

Procedure. The petition was posted for objection to 22.5.2008. On

that date, no objection was filed. Learned Munsiff heard the counsel

appearing for the respondent, as well as the petitioner. As per the

order dated, 22.5.2008, finding that petitioner is an assignee from

first defendant and as against the construction, an order of injunction

was granted in I.A.No.183/2007, learned Munsiff directed the parties

to maintain status quo as noted by the Commissioner. Petition was

posted for filing objection to 27.5.2008, on which date also, no

W.P.(C) No.19001/2008

2

objection was filed by the petitioner, and it was thereafter posted to

2.6.2008. This petition is filed under Article 227 of the Constitution of

India to quash the order passed by the trial court on 22.5.2008.

On hearing the learned counsel, I do not find any

reason to interfere with the order passed by the Munsiff. The order

dated 22.5.2008 was not passed after resolving a prima facie

satisfaction of the case. Instead court found that though petition was

posted for objection, petitioner did not file any objection and an order

of injunction was earlier passed against other defendants, including

the assignor of petitioner. It is in such circumstances, Munsiff directed

the parties to maintain status quo and posted the case for filing

objection of the petitioner. It is for the petitioner to file an objection

and seek a final order in that application. When I.A.No.432/2008 is

finally disposed, petitioner is entitled to challenge that order, if it goes

against him, as provided under Order XXXIII Rule 1 of Code of Civil

Procedure. Petition is dismissed.

M.SASIDHARAN NAMBIAR,
JUDGE

nj.

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