SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Online)(Ker) 31977

IN THE HIGH COURT OF KERALA AT ERNAKULAM
T.R. Ravi, J
Sindhu G Krishna – Appellant
Versus
Basil Paul – Respondent
OP(C) NO. 2755 OF 2023



Advocates:
For the Appellants/Petitioners: G.Sreekumar
For the Respondents: P.Thomas Geeverghese, Tony Thomas, E.S.Firos, Amrutha K.P., Sradha Mohan

In the absence of interim relief, the High Court may exercise its discretion to direct an early disposal of the main suit by the trial court in the interests of justice.

Headnote:The case involves an original petition challenging lower court orders that refused a prayer for injunction in a civil suit. Given that no interim relief was granted in the high court and significant time has elapsed since the filing, the court evaluated the necessity of keeping the petition pending. The core issue centers on whether the petition should remain pending in the high court despite the lack of interim orders. The ratio decidendi rests on the principle of judicial efficiency and the interests of justice, determining that the underlying civil suit should be prioritised for final disposal rather than litigating interlocutory injunction issues in a higher forum without interim relief. The original petition is disposed of with a mandate for the trial court to conclude the proceedings in the civil suit within a specified timeframe of six months.

JUDGMENT

The original petition has been filed in the year

2023, challenging the order of the trial court refusing the prayer for injunction and the order of the appellate court affirming the order of the trial court. This Court had not granted any interim order. Therefore, no purpose will be served by retaining this original petition in this Court. The interests of justice would be served if the suit itself is directed to be disposed of at the earliest.

In the above circumstances, this original petition is disposed of, directing the Munsiff Court, Perumbavoor, to consider and dispose of O.S.No.147 of 2022 at the earliest, at any rate, within six months from the date of receipt of a copy of this judgment.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top