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Kerala High Court

Baby vs District Collector on 2 June, 2014

Author: V.Chitambaresh

Bench: V.Chitambaresh

       

  

  

 
 
                       IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                          PRESENT:

                     THE HONOURABLE MR.JUSTICE V.CHITAMBARESH

               MONDAY, THE 2ND DAY OF JUNE 2014/12TH JYAISHTA, 1936

                                  OP(C).No. 1247 of 2014 ()
                                     --------------------------
    I.A. NO.766/2014 IN O.S. NO.257/2012 OF MUNSIFF COURT, PERUMBAVOOR.
                                              .........

PETITIONER(S):
--------------------------

           BABY, AGED 49 YEARS,
           S/O.KURIAKOSE, KEERIKKATTIL HOUSE,
           VENGOLA KARA, ARACKAPPADY VILLAGE,
           PERUMBAVOOR.

           BY ADVS.SRI.S.RENJITH,
                         SRI.K.O.SANTHOSH,
                         SRI.GEORGE MATHEW (ONATTUPARAMBIL).

RESPONDENT(S):
----------------------------

        1. DISTRICT COLLECTOR,
           COLLECTORATE, KAKKANAD,
           ERNAKULAM -682 030.

        2. TAHSILDAR,
           KUNNATHUNADU TALUK OFFICE,
           PERUMBAVOOR, ERNAKULAM, PIN- 683 549.

        3. ASSISTANT EXECUTIVE ENGINEER,
           PERIYAR VALLEY, IRRIGATION PROJECT,
           PERUMBAVOOR, ERNAKULAM, PIN-683 549.


            BY GOVT.PLEADER MR.K.C. ELDHO.


           THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 02-06-2014,
           THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:


rs.

OP(C).No. 1247 of 2014


                                  APPENDIX

PETITIONER'S EXHIBITS:-


EXHIBIT P1   COPY OF THE PLAINT FILED BY THE PETITIONER BEFORE
             THE HON,BLE MUNSIFF COURT, PERUMBAVOOR IN
             OS NO.257/2012.

EXHIBIT P2   COPY OF THE WRITTEN STATEMENT FILED BY THE DEFENDANTS
             BEFORE THE MUNSIFF COURT, PERUMBAVOOR IN
             OS NO. 257/2012.

EXHIBIT P3   COPY OF IA NO.766/2014 IN OS NO.257/2012 BEFORE THE
             MUNSIFF COURT, PERUMBAVOOR.

EXHIBIT P4   ORDER OF THE HON'BLE MUNSIFF COURT, PERUMBAVOOR
             IN IA NO.766/2014 IN OS NO.257/2012.


RESPONDENT'S EXHIBITS:-                NIL.




                                              //TRUE COPY//


                                              P.S.TO JUDGE

rs.



                   V.CHITAMBARESH, J.
                 ---------------------
               O.P (C) No.1247 of 2014
                 ---------------------
         Dated this the 2nd day of June, 2014


                    J U D G M E N T

The petitioner has filed an application for leave to serve interrogatories in the suit for permanent prohibitory injunction. The petitioner contends that the court below has adjourned the application to be considered at the time of trial of the suit. The petitioner laments that evidence in the suit can be shaped only dependent on the answer to the interrogatories served.

2. I direct the court of the Munsiff of Perumbavoor to consider I.A.No.766/2014 in O.S.No.257/2012 at the earliest. Every endeavour shall be made to pass orders thereon within a period of one month from the date of production of this judgment. The suit in O.S.No.257/2012 shall be included in the list for trial only after orders are passed in I.A.No.766/2014 as directed above.

The Original Petition is disposed of.

V.CHITAMBARESH, Judge.

nj.