P.J.Paulose vs Gracy Babu Thomas on 9 March, 2007

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Kerala High Court

P.J.Paulose vs Gracy Babu Thomas on 9 March, 2007

Bench: K.P.Balachandran

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 7976 of 2007(Y)


1. P.J.PAULOSE, S/O.JOSEPH, AGED 51 YEARS,
                      ...  Petitioner
2. CARMEL EDUCATIONAL TRUST, REPRESENTED
3. CARAMEL ENGINEERING COLLEGE

                        Vs



1. GRACY BABU THOMAS,
                       ...       Respondent

2. JOSE THOMAS, S/O.THOMAS AGED 49 YEARS,

3. FRUDDY BABU THOMAS,

4. JUDY BABU THOMAS,

5. RIJO THOMAS JOSE,

6. REENA JOSE THOMAS,

7. ANNA JOSE @ RAJI JOSE D/O.REENA JOSE,

8. LISSY POULOSE, W/O.P.J.PAULOSE,

9. ROSHINI PAUL JOSEPH, D/O.LISSY PAULOSE,

10. ROHINI PAUL JOSEPH D/O.LISSY PAULOSE,

11. INDIAN OVERSEAS BANK, INDU INTERNATIONAL

                For Petitioner  :SRI.BABY ISSAC ILLICKAL

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.P.BALACHANDRAN

 Dated :09/03/2007

 O R D E R
                          K.P.BALACHANDRAN, J.

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                         W.P.(C)NO.7976 OF 2007

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                  Dated this the 9th day of March 2007


                                    JUDGMENT

The plaintiffs in O.S.248/06 on the file of Sub Court, Pathanamthitta are the petitioners. Along with the suit they filed I.A.1622/2006 for an interim injunction. The court below ordered notice and posted the case to 27.1.2007. It is submitted that a petition to advance the hearing of the suit and the injunction petition was filed on 15.12.2006 and that was dismissed on 1.1.2007. Obviously when notice was ordered on injunction petition and the suit and the injunction petition are posted to 27.1.2007, the posting could not have been advanced. But the grievance of the petitioner is that on 27.1.2007 all counter petitioners entered appearance and filed counter but hearing of the injunction application was adjourned to 13.3.2007 along with the suit and though the petitioners moved I.A.137/07 on 9.2.2007 to advance the hearing of the injunction application that I.A. also was dismissed on 9.2.2007.

2. If, as is submitted by counsel for the petitioners, the respondents had entered appearance and filed counter there is W.P.(C)NO.7976 OF 2007 2 no justification for the court below in refusing to advance hearing and have the injunction matter heard when it is submitted that the matter is urgent. The position would be different, if the submission made is not true to facts.

3. In the result, I direct the court below to advance hearing of I.A.1622/06 and to pass appropriate orders thereon within three weeks from the date on which a copy of this judgment is received by him provided the counter petitioners in the said I.A. have entered appearance and filed counter as is submitted by the counsel for the petitioners. The petitioners are at liberty to produce a copy of this judgment before the Sub Judge, Pathanamthitta to enable him to comply with the above directions at the earliest.

This writ petition is disposed of with the above direction.

K.P.BALACHANDRAN, JUDGE jes

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