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HIGH COURT OF KERALA
C.S. DIAS, J
NELLIPPARA ISSATHUL ISLAM MADRASSA – Appellant
Versus
KURINHIRAPPALLI BABY – Respondent
OP(C)/1899/2022
Injunction - Civil Procedure - Order 39 Rule 3A, Article 227 - The court directed the Munsiff to expedite the consideration of an interim injunction application, emphasizing timely judicial redress and adherence to procedural mandates.
Fact of the Case:
The petition sought a direction for the Court of Munsiff to expedite the processing of an interim application for injunction due to delays caused by pandemic restrictions.
Issues: Whether the court should intervene to direct the Munsiff to expedite the hearing of an interim injunction application that had been delayed.
Ratio Decidendi: The court held that it had the authority to ensure timely justice under Article 227, particularly concerning adherence to procedural rules set forth in the Civil Procedure Code.
Final Decision: The court directed the Munsiff to dispose of the interim application within 30 days.
JUDGMENT
The original petition is filed to direct the Court of Munsiff, Taliparamba, to consider and dispose of I.A.
No.2/2021 in O.S. No.499/2021 within a time frame.
2. Pursuant to the order dated 07.10.2022 passed by this Court, the learned Munsiff, Taliparamba, by communication dated 09.10.2022, has informed this Court that I.A. No.2/2021 is filed by the respondent for an order of temporary injunction till the disposal of the suit. An ad-interim order of injunction was granted on the date of the institution of the suit. The petitioners appeared on 15.12.2021 and sought time to file objection to the application. They filed their objection on 07.02.2022. However, due to the Covid-19 restrictions that were in force, the application could not be heard. The application will be disposed of within 30 days.
3. Heard; Sri.V.T. Madhavanunni, the learned the counsel appearing for the petitioners. Even though notice has been served on the counsel appearing for the respondent before the court below, there is no appearance for him.
4. In the light of the pleadings and materials on record and after perusing the communication of the learned Munsiff, and the mandate under Order 39 Rule 3A, in exercise of the supervisory powers of this Court under Article 227 of the Constitution of India , I direct the Court of the Munsiff, Taliparamba, to consider and dispose of I.A.No.2/2021 in O.S. No.499/2021, in accordance with law, as expeditiously as possible, at any rate, within a period of 30 days from the date of receipt of a certified copy of the judgment.
The original petition is ordered accordingly.
Sd/-
C.S.DIAS, JUDGE
APPENDIX OF OP(C) 1899/2022 PETITIONER EXHIBITS Exhibit-P1 A TRUE COPY OF THE PLAINT IN O.S.NO.499/2021 ON THE FILE OF MUNISFF COURT, TALIPARAMBA, DATED 26.11.2021.
Exhibit-P2 A TRUE COPY OF THE WRITTEN STATEMENT IN O.S.NO.499/2021 ON THE FILE OF MUNSIFF COURT, TALIPARAMBA, DATED 13.7.2022.
Exhibit-P3 A TRUE COPY OF THE AFFIDAVIT FILED IN SUPPORT OF I.A.NO.2/2021 DATED
26.11.2021.
Exhibit-P4 A TRUE COPY OF THE INJUNCTION ORDER ISSUED TO THE 1ST PETITIONER BY THE MUNSIFF COURT, TALIPARAMBA IN I.A.NO.2/2021 IN O.S.NO.499/2021.
Exhibit-P5 A TRUE COPY OF THE COUNTER IN I.A.NO.2/2021 IN O.S.NO.499/2021.
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