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Pookoya Thangal vs Puthussery Habeeb Koya Thangal

High Court Of Kerala|11 December, 2014
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JUDGMENT / ORDER

This is a petition filed under Article 227 of the Constitution of India praying that Ext.P8 interlocutory application filed by the petitioner before the Munsiff Court, Kannur in O.S.No.190/2013 may be directed to be disposed of as expeditiously as possible.
2. The petitioner claims to be residing in the property involved in the petition and they say that under the guise of an exparte order of injunction to which they were not parties, they are sought to be evicted from the property. There was also a partition suit with regard to the same property. When they moved for relief in the partition suit, they were directed to approach the execution court for appropriate reliefs. The petitioner did move the execution court, but they were unsuccessful in their attempt. They therefore moved the present I.A.No. 4588/2014 before the O.P.(C) No. 2950 of 2014 -2-
Munsiff Court, Kannur for an order not to dispossess them otherwise than in accordance with law.
3. The grievance of the petitioner is that petition is not being heard and it is kept pending, threatening dispossession of the petitioner.
4. In the light of the order that is proposed to be passed, it is felt that notice to the respondent is unnecessary.
Therefore, this petition is disposed of directing the court below to take up I.A.No.4588/2014 at the earliest and dispose it of in accordance with law after hearing both the parties, as expeditiously as possible, at any rate within a period of two months from the date of receipt of a copy of this judgment.
Sd/-
P.BHAVADASAN JUDGE ds //True copy// P.A. to Judge
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Title

Pookoya Thangal vs Puthussery Habeeb Koya Thangal

Court

High Court Of Kerala

JudgmentDate
11 December, 2014
Judges
  • P Bhavadasan
Advocates
  • K R Avinash
  • Kunnath
  • Sri Abdul Raoof
  • Pallipath