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2025 DAILYLAW 4735 (KER)

M/S. QUBEFIX v. RASHEEDA MARIKAR

OP(C)/732/2025 · 2025-04-03

Basant Balaji

Civil Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

OP(C) NO. 732 OF 2025 1 2025:KER:29307 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 OP(C) NO. 732 OF 2025 AGAINST THE ORDER/JUDGMENT IN OS NO.212 OF 2025 OF PRINCIPAL MUNSIFF COURT, ERNAKULAM PETITIONER: M/S. QUBEFIX 63/795, SALIM'S CHAMBERS, SALIM RAJAN ROAD, NEAR TO BANK OF BARODA, POONITHURA VILLAGE, KANAYANNUR TALUK, ERNAKULAM, KERALA, REPRESENTED BY ITS PROPRIETOR - DEEPU L. PRAHLAD, AGED 34 YEARS, SON OF SRI. PRAHLADAN K., DEEPU VIHAR, KOTTAKKUPURAM, KULASEKHARAPURAM, CLAPPANA, KULASEKHARAPURAM VILLAGE, KARUNAGAPPALLY TALUK, KOLLAM DISTRICT, KERALA, PIN – 690525, PIN - 682017 BY ADV LUKE J CHIRAYIL RESPONDENTS: 1 RASHEEDA MARIKAR AGED 67 YEARS WIFE OF MR. C.A. SALIM, TANJYALA, KUMARANASAN ROAD, ERNAKULAM VILLAGE, KANAYANNUR TALUK, ELAMKULAM, ERNAKULAM, KERALA, PIN - 682020 2 C.A SALIM AGED 68 YEARS SON OF SALIM, TANJYALA, KUMARANASAN ROAD, ERNAKULAM VILLAGE, KANAYANNUR TALUK, ELAMKULAM, ERNAKULAM, KERALA, PIN - 682020 3 SHINO AGED 45 YEARS BETHEL, FARM VILLA, ALANGAD, ALANGAD VILLAGE, PARAVUR TALUK, ALUVA, ERNAKULAM, KERALA, PIN - 683511 OP(C) NO. 732 OF 2025 2 2025:KER:29307 BY ADVS. ASADU AHMMED CHULLINTE MEHNA IBRAHIM(K/1580/2018) THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C) NO. 732 OF 2025 3 2025:KER:29307 JUDGMENT Dated this the 3rd day of April, 2025 The petitioner has approached this court for a disposal of Ext.P2 in a time bound manner. Ext.P2 is IA No.2 of 2025 in O.S.No.212 of 2025, on the files of the Munsiff Court, Ernakulam, which is filed, seeking temporary prohibitory injunction. 2. A report was called for regarding the present status of the IA, and a report was received. It is stated that at the time of moving application, the Court did not grant an injunction and instead, an urgent notice was issued. The petitioner in the affidavit also stated that there are some arrears of rent. The application was posted to 7.3.2025, the respondent appeared on that day and sought time to file a counter affidavit. Then it was posted to 14.03.2025 to be called along with the suit. On that day, the plaintiff did not appear and was not represented. The defendants appeared and sought time for filing written statement. Now, the IA along with the suit, is posted to 03.04.2025. Therefore, this Original petition is disposed of, directing the Munsiff Court, Ernakulam to take up and pass OP(C) NO. 732 OF 2025 4 2025:KER:29307 orders in the same as expeditiously as possible. The Original Petition is disposed of as above. Sd/- BASANT BALAJI JUDGE saap OP(C) NO. 732 OF 2025 5 2025:KER:29307 APPENDIX OF OP(C) 732/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PLAINT DATED 24.02.2025 PREFERRED BY THE PETITIONER HEREIN WHICH GOT TO BE NUMBERED AS O.S. NO. 212/2025 ON THE FILES OF THE HON’BLE MUNSIFF COURT, ERNAKULAM. Exhibit P2 TRUE COPY OF THE PETITION DATED 24.02.2025 NUMBERED AS I.A. NO. 2/2025 IN O.S. NO. 212/ 2025 ON THE FILES OF THE HONORABLE MUNSIFF COURT, ERNAKULAM. Exhibit P3 TRUE COPY OF THE PETITION DATED 24.02.2025 NUMBERED AS I.A. NO. 3/2025 IN O.S. NO. 212/ 2025 ON THE FILES OF THE HONORABLE MUNSIFF COURT, ERNAKULAM. Exhibit P4 TRUE COPY OF THE CASE STATUS OF O.S 212 OF 2025 ON THE FILES OF THE HONORABLE MUNSIFF COURT, ERNAKULAM OBTAINED FROM E-COURTS WEBSITE. Exhibit P5 TRUE COPY OF THE LEASE AGREEMENT DATED 01.09.2023 ENTERED INTO BETWEEN THE PETITIONER AND THE 1ST RESPONDENT. //True copy//PA to Judge