The limited prayer in this Original Petition is for a direction to the Munsiff Court, Parappanangadi to take up I.A.No. 1171/2014 in O.S.No. 200/2014 and to pass final orders on the same.
2. The suit was one for partition in which the petitioner is the defendant. An exparte order of injunction was passed in I.A.No. 1171/2014 in O.S.No. 200/2014. The grievance of the petitioner is that he had filed counter to the petition and urged the court below to have the matter heard and disposed of on merits. In spite of the matter having been heard, no orders have been passed and that causes inconvenience to the petitioner since he is prohibited from carrying out construction in the property. All that he prays is that there may be a direction to the court below to dispose of the I.A. on merits.
O.P.(C) No. 2681 of 2014 -2-
3. In the nature of order that is proposed to be passed, it is felt that notice to the respondents is unnecessary.
4. It is trite that when an exparte order of injunction is passed, the court below is obliged to hear the matter within 30 days or at the earliest and dispose it of on merits. The petitioner has pointed out that he has filed counter affidavit to the petition to have the matter heard. There is no reason as to why the direction sought for cannot be granted.
In the result, this petition is allowed and there will be direction to the Munsiff Court, Parappanangadi to take up I.A. No. 1171/2014 in O.S.No. 200/2014 and dispose it of on merits as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment.
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P.BHAVADASAN JUDGE ds