The court emphasizes the consideration of interlocutory applications prior to service of notices to ensure rights are not prejudiced.

JUDGMENT

The petitioner is the plaintiff in O.S No.132 of 2025 on the files of the Sub Court, Thrissur. Respondents 2 to 4 are respectively defendants 3, 1 and 2 therein. The suit is filed inter alia for permanent prohibitory injunction restraining the Bank from dispossessing the petitioner from the plaint schedule property. Ext.P5 is the application for temporary injunction.

2. This Court, on 16.01.2026, issued notice by special messenger to respondents 3 and 4. The learned counsel for the Bank undertook that possession of the property will not be taken till the next posting date. The said undertaking is being extended from time to time.

3. The notice issued to the 3^rd respondent has been returned with the endorsement “no such addressee”. Though notice has been served on the 4^th respondent, there is no appearance. It is to be noted that the address of the 3^rd respondent in the original petition and in the plaint is the same.

4. The contention of the petitioner is that Ext.P5 application is not considered since notice has not been served on the 3^rd respondent. It is contended that interlocutory application can be heard in connection with an interim order even before service of notice on the 3^rd respondent. The petitioner apprehends his dispossession from the property pending the suit.

5. Heard Sri.T.Krishnanunni, the learned Senior Counsel for the petitioner and Sri.Mohan Jacob George, the learned counsel for respondents 1 and 2.

6. Since Ext.P5 interlocutory application is pending consideration, I feel it appropriate to direct the learned Sub Judge to consider Ext.P5 interlocutory application and pass appropriate orders within a period of two weeks from today. Till such time an order is passed, respondents 1 and 2 shall not take possession of the property. It is made clear that, this Court has not expressed any opinion on the merits of the case and that the learned Sub Judge shall pass orders uninfluenced by the directions hereinabove.

The original petition is disposed of.

Sd/-