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2025 DAILYLAW 4511 (KER)

SALILKUMAR v. PHX TRADERS GROUP OF COMPANY

OP(C)/705/2025 · 2025-03-27

Basant Balaji

body2025

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 THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 OP(C) NO. 705 OF 2025 OS NO.631 OF 2020 OF MUNSIFF COURT, CHAVAKKAD PETITIONER/1ST RESPONDENT: SALILKUMAR AGED 45 YEARS S/O PADMAVATHY AMMA, SECRETARY, VEERAMANI APARTMENT OWNER’S ASSOCIATION, MACHIRA ROAD, GURUVAYUR, THRISSUR, PIN - 680101 BY ADV PREMCHAND M. RESPONDENTS/PLAINTIFF: 1 PHX TRADERS GROUP OF COMPANY GURUVAYUR CORPORATION BUILDING NO.18/65/1, REP. BY ITS MANAGING PARTNER P. GOVINDANKUTTY, AGED 56, S/O ECHARAN, POOYATH HOUSE, THIRUVENKIDAM P.O, GURUVAYUR, THRISSUR, PIN - 680101 2 K. VASANTHI AGED 50 YEARS W/O GOVINDANKUTTI, VEERAMANI APARTMENT, MANJIRA ROAD, GURUVAYUR, THRISSUR, PIN - 680101 THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OPC 705/25 -2- 2025:KER:28331 JUDGMENT (Dated this the 27 th day of March, 2025) This original petition is filed for a direction to the Munsiff Court, Chavakad, to dispose of OS No.631/2020 within a time frame. The petitioner is the 1 st defendant in OS No.631 of 2020, before the Munsiff Court, Chavakad. The above suit was filed by the 1 st respondent for a permanent prohibitory injunction restraining the petitioner herein and his men from forcefully evicting the 1 st respondent herein from the plaint scheduled properties except by due process of law, not to demolish the temporary shed, and not to cause any disturbance to the conduct of business. 2. Along with the suit, the 1 st respondent also filed IA No.2/2020, for a temporary injunction restraining the petitioner herein against forceful eviction, which was granted by the court on 30.09.2020. The petitioner has filed a written statement on 16.01.2021. Till date, the suit is not disposed of; therefore, the petitioner seeks a direction. OPC 705/25 -3- 2025:KER:28331 3. A report was called for from the Munsiff Court, Chavakad, and a report dated 25.03.2025 is received, wherein it is stated that both the defendants entered appearance and filed written statement. Even though, the case was referred to mediation, it was not settled. Now, the case is posted to 03.06.2025 for framing of issues and for hearing of IAs. Considering the huge pendency of cases, the Munsiff has sought nine months' time from the completion of the pre-trial steps to dispose of the suit. Since the Munsiff requested nine months' time, I deem it appropriate to dispose of this original petition, with a direction to the Munsiff Court, Chavakad, to dispose of OS No.631 of 2020 within a period of nine months after the completion of pre-trial steps. The original petition is disposed of. Sd/- BASANT BALAJI JUDGE JS OPC 705/25 -4- 2025:KER:28331 APPENDIX OF OP(C) 705/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PLAINT IN ORIGINAL SUIT NO.631/2020 Exhibit P2 TRUE COPY OF THE ORDER DATED 30/09/2020 IN I A NO.2/2020 IN OS NO.631/2020 OF THE MUNSIFF’S COURT CHAVAKAD Exhibit P3 THE TRUE COPY OF THE WRITTEN STATEMENT SUBMITTED BY THE PETITIONER ON 11/01/2021 Exhibit P4 TRUE COPY OF THE NOTICE ISSUED BY THE GURUVAYUR MUNCIPALITY DATED 11.04.2024