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2025 DAILYLAW 4039 (KER)

REGHUTHAMAN v. MARY JOHN

OP(C)/577/2025 · 2025-03-28

Basant Balaji

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 OP(C) NO. 577 OF 2025 OS NO.71 OF 2025 OF MUNSIFF COURT, MAVELIKKARA PETITIONER/PETITIONER/PLAINTIFF: REGHUTHAMAN AGED 63 YEARS S/O. SUKUMARAN, KALALAYA, PRAYIKKARA MURI, MAVELIKKARA VILLAGE, MAVELIKKARA TALUK, ALAPPUZHA DISTRICT, PIN - 690101 BY ADVS. R.REJI M.V.THAMBAN THARA THAMBAN B.BIPIN ARUN BOSE JEENA A.V..,THOMAS THOMAS ARJUN R., RAGESH R. RESPONDENTS/RESPONDENTS/DEFENDANTS: 1 MARY JOHN AGED 65 YEARS KUTTISSERIL HOUSE, PRAYIKKARA, MAVELIKKARA VILLAGE, MAVELIKKARA TALUK, ALAPPUZHA DISTRICT, PIN - 690101 2 BENNY AGED 55 YEARS PROPRIETOR, K.K AUTO PARTS, PUTHIYAKAVU, MAVELIKKARA VILLAGE, MAVELIKKARA TALUK, ALAPPUZHA DISTRICT, PIN - 690102 THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OPC 577/2025 -2- 2025:KER:27600 JUDGMENT (Dated this the 28 th day of March, 2025) This original petition is filed for a direction to the Munsiff Court, Mavelikkara, to consider and pass orders on IA No.1/2025 in OS No.71/2025 within a time frame. 2. The petitioner is the plaintiff in O.S. No.71/2025, and the respondents are the defendants. The suit is one for a mandatory injunction directing the defendants to hand over the possession of the plaint schedule shop room with a further direction restraining the 2 nd defendant from carrying out any additional work for starting a business or restraining the 2 nd defendant from altering the plaint schedule shop room. IA No.1/2025 was filed seeking an interim mandatory injunction directing the defendants to hand over the possession and keys of the plaint schedule shop room. 3. A report was called for, and a report is received from the Munsiff Court, Mavelikkara, wherein it is OPC 577/2025 -3- 2025:KER:27600 stated that IA No.1/2025 was filed on 22.02.2025, notice was issued to defendants, and the case is posted to 25.03.2025. It is also submitted that if the defendants appear before vacation and file objection to IA No.1/2025, the same will be disposed of within a period of two weeks after the appearance of the defendants. Taking into consideration the said fact, I dispose of this original petition directing the Munsiff Court, Mavelikkara, to take up IA No.1/2025 and dispose of the same after hearing the plaintiff as well as the defendants and considering the objections, if any, of the defendants within a period of one month, after entering appearance of defendants. Sd/- BASANT BALAJI JUDGE JS OPC 577/2025 -4- 2025:KER:27600 APPENDIX OF OP(C) 577/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PLAINT IN O.S.NO.71/2025 ON THE FILES OF MUNSIFF’S COURT, MAVELIKKARA DATED NIL Exhibit P2 TRUE COPY OF THE I.A.NO.1/2025 IN O.S.NO.71/2025 DATED NIL. Exhibit P3 TRUE COPY OF THE E-COURT STATUS IN O.S NO. 71/2025 OF THE FILES OF MUNSIFF’S COURT, MAVELIKKARA AS UPLOADED IN THE E-COURT MISSION MODE PROJECT UNDER THE DISTRICT COURT, ALAPPUZHA