Judicial directions for timely disposal of interim applications are crucial to prevent inconvenience to parties affected by ad-interim injunctions.

JUDGMENT

Dated this the 22^nd day of August, 2025 This petition is filed by the petitioner/additional 5th defendant, for issuing direction to the Munsiff Court, Nedumangad, to dispose the I.A. filed by the petitioner on I.A No.6/2025 filed for the impleading defendant and for vacating the interim order passed in I.A. No. 02/2024 in OS No.644/2025.

2. Heard the learned counsel for the petitioner and looking to the fact and circumstances of the case, issue notice to the respondents and calling the report is dispensed with.

3. It is submitted by the learned counsel for the 1^st respondent that the plaintiff filed the suit and obtained ad-interim injunction as against the Panchayath and others, and when Panchayath was about to execute the work, the plaintiff filed a suit against the Panchayath and stopped the work taken by the Panchayath flowing up the drain water, and that because of the stopping of the drain water, the water is flowing into the house of the petitioner, therefore the petitioner was affected by the injunction order passed by the Court in favour of the plaintiff i.e, 1st respondent. Hence, the petitioner impleaded himself as additional defendant in the suit which was allowed on 10.03.2025. Along with this impleading application he also filed I.A on 10.02.2025 for vacating the ad- interim injunction granted. The panchayat also filed a seperate application for vacating the ad-interim injunction granted in favour of the plaintiff. But in spite of defendant entering into the case, the petitioner also entered as a 3^rd party applicant as an additional defendant. The I.A’s have been pending for more than five months, not been disposed of by the Trial Court, hence prayed for issue direction to the court concerned.

4. Considering the fact and circumstances of the case, and the above such observation, a submission made by the counsel is necessary to issue direction to the court concerned. Since, the ad interim injunction has been passed without hearing the defendants and the court required to confirm and make absolute or vacate the ad interim injunction within 30 days from the date of the issuance of the ad-interim injunction, granting ad interim injunction as provided under Order 39 Rule 3 A of CPC. The I.A filed by the defendants for vacating interim order and ad-interim injunction, the trial court ought to have disposed the application within 30 days. Hence, It is necessary to issue direction to the court concerned.

Accordingly, this Original petition is disposed of with a direction to the Munsiff Court, Nedumangad, Thiruvananthapuram, to hear and dispose I.A 06/2025 filed by the petitioner and also I.A 02/2025 filed by the plaintiff in accordance with Order 39 Rule 3 A of CPC, within one month from the date of receipt of a copy of this judgment.

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