Kerala High Court
Poulose @ Chummarukutty vs Ouseph @ Joseph on 25 February, 2013
Author: Thomas P. Joseph
Bench: Thomas P.Joseph
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH
FRIDAY, THE 22ND DAY OF MARCH 2013/1ST CHAITHRA 1935
OP(C).No. 1064 of 2013 (O)
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AGAINST THE ORDER/JUDGMENT IN I.A.NO.633/2013 IN
CMA.NO.18/2013 OF 1ST ADDL.DISTRICT COURT, THRISSUR
DATED 25-02-2013
......
PETITIONER(S):
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POULOSE @ CHUMMARUKUTTY,
S/O.PAREPPADAN LONAPPAN,
ALOOR VILLAGE & DESOM, MUKUNDAPURAM TALUK.
BY ADV. SRI.T.N.MANOJ
RESPONDENT(S):
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OUSEPH @ JOSEPH,
S/O.ARIKKAT RAPPAI,
ALOOR VILLAGE & DESOM,
MUKUNDAPURAM TALUK.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 22-03-2013,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Kss
OP(C).No. 1064 of 2013 (O)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT-P1 - TRUE COPY OF THE PLAINT IN OS.868/2012 OF THE SUB COURT,
IRINJALAKUDA.
EXHIBIT-P2 - TRUE COPY OF THE IA.4792/2012 IN OS.868/2012 OF THE SUB COURT,
IRINJALAKUDA.
EXHIBIT-P3 - TRUE COPY OF THE OBJECTIONS FILED BY THE DEFENDANT TO
IA.4792/2012.
EXHIBIT-P4 - TRUE COPY OF THE IA.5198/2012 FILED BY THE DEFENDANT IN
OS.868/2012.
EXHIBIT-P5 - TRUE COPY OF THE COMMON ORDER DATED 6-2-2013 OF THE SUB
COURT, IRINJALAKUDA.
EXHIBIT-P6 - TRUE COPY OF THE IA.633/2013 IN CMA 18/2013 BEFORE THE
DISTRICT COURT THRISSUR.
EXHIBIT-P7 - TRUE COPY OF THE ORDER DT.25-2-2013 IN IA.633/2013 IN
CMA.18/2013 BEFORE THE DISTRICT COURT, THRISSUR.
RESPONDENT(S)' EXHIBITS: N I L
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/TRUE COPY/
P.A.TO JUDGE
Kss
THOMAS P. JOSEPH, J.
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Original Petition (civil) No.1064 of 2013
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Dated this the 22nd day of March, 2013
JUDGMENT
Defendant in O.S. No. 868 of 2012 of the Additional Sub Court, Irinjalakuda and respondent in CMA No. 18 of 2013 of Ist Additional District Court, Thrissur is aggrieved by Ext.P7, order of stay granted by the learned Additional District Judge, Thrissur on 25.02.2013 on I.A. No. 633 of 2013.
2. Dispute concerns right and user of a well situated on the boundary of properties of the parties. Respondent/plaintiff filed I.A. No. 4792 of 2012 for an order of temporary injunction against trespass and commission of waste. Petitioner/defendant filed I.A. No. 5198 of 2012 for an order of injunction against respondent interfering with his drawing water from the said well. Trial court after hearing both sides dismissed I.A. No. 4792 of 2012 and allowed I.A No. 5198 of 2012. Respondent has filed C.M. Appeals challenging the common order on the said application. CMA No. 18 of 2013 is directed against the order on I.A. No. 5198 of 2012. Learned Additional District Judge has granted stay of operation of order on I.A No. 5198 of 2012 by O.P.(C) No.1064 of 2013 -: 2 :- Ext.P7.
3. Learned counsel for petitioner contends that since it is summer season it is necessary for petitioner to draw water from the well for irrigation purpose, otherwise, vegetation in his property will get dried up. Learned counsel has invited my attention to Exts.B1 to B3 under which petitioner has claimed half right over the well. It is also contented that learned Munsiff has referred to all relevant aspects and allowed I.A No. 5198 of 2012. There was no reason or circumstances to grant stay of operation of the said order.
4. Learned counsel for respondent contends that it is after hearing both sides that learned Additional District Judge has granted stay of order on I.A No. 5198 of 2012. It is pointed out that the C.M. Appeals are coming-up for hearing on 25.03.2013.
5. Having heard learned counsel on both sides, I am inclined to think that it is not appropriate for me to go into the controversial issue since learned Additional District Judge is yet to decide the C.M. Appeals. At the same time, grievance of petitioner has to be addressed. Since it concerns drawal of water from the disputed well for irrigation of vegetation in the O.P.(C) No.1064 of 2013 -: 3 :- property of petitioner and the summer season is on the verge, it is necessary that the C.M. Appeals are disposed of before the court closes for summer vacation. Counsel on both sides submit that preliminary steps in the appeals are over and that it is ripe for hearing.
Resultantly, this original petition is disposed of as under:-
1) Learned Additional District Judge, Thrissur is directed to dispose of C.M. Appeal Nos. 18 and 19 of 2013 as early as possible, at any rate before 11.04.2013 without fail.
2) Petitioner shall produce a copy of this judgment before learned Additional District Judge, Thrissur on 23.03.2013.
Sd/-
THOMAS P.JOSEPH,
JUDGE
smv //True copy//
P.A. To Judge