IN THE HIGH COURT OF KERALA AT ERNAKULAM
Murali Purushothaman, J
THOMAS – Appellant
Versus
ANILKUMAR – Respondent
OP(C) NO. 2314 OF 2022
| Table of Content |
|---|
| 1. original petition filed against injunction order. (Para 2) |
| 2. status quo maintained pending trial. (Para 3) |
JUDGMENT
This original petition is filed against the order dated 22.07.2022 in C.M.A No.69 of 2020 on the files of the Additional District Judge - VII, Ernakulam.
2. The petitioners are the defendants in OS No.555 of 2020 on the files of the 1st Additional Munsiff Court, Ernakulam filed by the respondents herein for permanent prohibitory injunction restraining the petitioners from trespassing into the plaint ‘C’ schedule property. By Ext.P7 order, the interlocutory application (I.A No.1 of 2020) of the plaintiffs for temporary injunction from trespassing into the plaint ‘C’ schedule property was dismissed by the learned Munsiff. Against Ext.P7 order, the plaintiffs/respondents filed C.M.A No.69 of 2020 and the learned District Judge, by Ext.P9 order, set aside Ext.P7 and allowed I.A No.1 of 2020 and restrained the petitioners by an interim prohibitory injunction from trespassing into the plaint ‘C’ schedule property till the disposal of the suit. Challenging Ext.P9 order, this original petition is filed under Article 227 of the Constitution of India.
3. This Court, by order dated 13.12.2022, directed the parties to maintain stats quo in respect of the plaint ‘C’ schedule property as on the said date till the date of next posting. The interim order was being extended from time to time till 21.01.2023. 4. When the original petition came up for consideration today, it is submitted by the learned counsel on both sides that the original suit is listed for trial on 06.08.2025 and that the trial court may be directed to dispose of the suit expeditiously maintaining the order of status quo passed on 13.12.2022 and untrammeled by the observations and findings in Exts.P7 and P9 orders.
In the light of the said submission, this original petition is disposed of without going into the merits of Exts.P7 and P9 and leaving open the contentions of the parties. The parties shall maintain status quo as ordered by this Court on 13.12.2022 till the disposal of the suit. Since the suit is of the year 2020, the trial court is requested to dispose of the same in accordance with law, expeditiously.
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