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2018 Supreme(Online)(KER) 44386
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SATHISH NINAN
FRIDAY, THE 16TH DAY OF MARCH 2018 / 25TH PHALGUNA, 1939
OP(C).NO. 718 OF 2018
AGAINST THE ORDER IN I.A. NO.737 OF 2018 IN O.S. NO.132 OF 2018
OF THE MUNSIFF'S COURT-I, KOZHIKODE
PETITIONER:
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GULF ASIA CONTRATING COMPANY LTD
XXV/812, SRI VALSAM THEVALLY P.O KOLLAM - 691 009,
REPRESENTED BY ITS COMPANY SECRETARY, ARUN RAO M.G,
AGED 31 YEARS, S/O. DR. M.P GOVINDA RAO, MADIMUGAR HOUSE,
CIVIL LANE, AYYANTHOLE, THRISSUR - 680 003.
BY ADVS.SRI.M.GOPIKRISHNAN NAMBIAR
SRI.P.GOPINATH
SRI.K.JOHN MATHAI
SRI.JOSON MANAVALAN
SRI.KURYAN THOMAS
SRI.PAULOSE C. ABRAHAM
RESPONDENT:
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M/S R.I.KANTH PROPERTY DEVELOPERS PVT LTD
(PVS FILM CITY), REPRESENTED BY ITS MANAGING DIRECTOR P.S
NATARAJAN, AGED 49 YEARS, 'SOUPARNIKA, PEOPLES ROAD, WEST
HILL, KOZHIKODE DISTRICT - 673 005.
R1 BY ADV. SRI.SAJU.S.A
R1 BY ADV. SRI.VINOD RAVINDRANATH
R1 BY ADV. SRI.K.SANEESH KUMAR
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 16-03-2018, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
OP(C).NO. 718 OF 2018 (O)
APPENDIX
PETITIONER(S)' EXHIBITS:
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EXHIBIT P1 TRUE COPY OF THE ORDER DATED 31.10.2017 IN RENT
CONTROL PETITION NO.144 OF 2015 ON THE FILE OF THE
RENT CONTROL COURT, KOZHIKODE.
EXHIBIT P2 TRUE COPY OF THE PLAINT IN O.S NO.132 OF 2018 FILED
BEFORE THE HON'BLE MUNSIFF'S COURT I.P
KOZHIKODE (DATED 5.3.2018)
EXHIBIT P3 TRUE COPY OF THE AFFIDAVIT IN SUPPORT OF I.A
NO.737/2018 IN O.S NO. 132 OF 2018 FILED BEFORE THE
HON'BLE MUNSIFF'S COURT I-P KOZHIKODE (DATED
5.3.2018)
EXHIBIT P4 TRUE COPY OF THE ORDER DATED 6.3.2018 ON I.A
NO.737/2018 IN O.S NO.132 OF 2018 PASSED BY THE
HON'BLE MUNSIFF'S COURT I-P KOZHIKODE.
RESPONDENT'S EXHIBITS:
NIL
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SATHISH NINAN, J.
====================================
O.P(C) No.718 of 2018
====================================
Dated this the 16th day of March, 2018
In a suit for prohibitory injunction filed by
the tenant against the landlord, the following ad
interim order of injunction was passed:
“The respondents or their men are restrained
from obstructing the petitioner from repairing the
outdoor units of Airconditioner kept on the exterior side
walls of the building or from obstructing anything viz.,
seats projectors etc from being brought into the theatre
or fro disconnecting or dismantling amenities to the
theatre until respondents appear and file couter. Hg:
15.03.2018.”
The said order is under challenge in this Original
Petition by the landlord.
2.
The learned counsel for the petitioner-
landlord would assail the order on various grounds
including the jurisdiction of the civil court to
entertain a suit of the instant nature and also the
exercise of equity jurisdiction to grant and
-: 2 :-
interim injunction when huge amount of rent is kept
in arrears by the tenant.
3.
As noticed supra, the impugned order is
purely an ad interim ex parte order. The remedy of
the petitioner is to approach the same court which
passed the order by filing objections or such other
applications as may be necessary and to have the
order vacated or modified.
4.
Considering the urgency as pointed out by
the learned Senior Counsel appearing for the
respondent, the following directions are issued:
(i)
The petitioner shall file objections to the
interlocutory application, I.A. No.737 of 2017 on or
before 19.03.2018 after serving a copy of the same on
the respondent.
(ii)
The Interlocutory Application shall be heard
and appropriate orders passed on or before 21.03.2018.
(iii)
Since this court at the time of admission on
09.03.2018 has stayed the operation of the order, the
said interim order will continue till orders are passed as
-: 3 :-
directed above.
5.
I make it clear that I have not expressed
any opinion on the merits of the contentions of
either sides.
The Original Petition is disposed of as above.
SATHISH NINAN, JUDGE.
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