Kerala High Court
M.K.Sanjeev vs C.B.Youseff on 3 April, 2012
Author: Thottathil B.Radhakrishnan
Bench: Thottathil B.Radhakrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE THOTTATHIL B.RADHAKRISHNAN
THURSDAY, THE 8TH DAY OF SEPTEMBER 2016/17TH BHADRA, 1938
OP(C).No. 1350 of 2012 (O)
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AGAINST THE ORDER/JUDGMENT IN I.A.NO.2299/2012 IN OS 995/2011
OF PRINCIPAL MUNSIFF COURT, ERNAKULAM DATED 03.04.2012
PETITIONER(S):
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M.K.SANJEEV
AGED 48 YEARS, S/O.M.A.KESAVAN, SREYAS EXIM,
37/3591, KALOOR, KOCHI-682017,
NOW RESIDING AT C-0089/111(5)-A4, APARTMENT,
FATHIMA BUILDING,
OPP.GOVENMENT MODEL ENGINEERING COLLEGE,
THRIKKAKKARA, KOCHI-682021.
BY ADV. SRI.P.J.JOSEPH PANIKKASSERY
RESPONDENT(S):
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C.B.YOUSEFF
AGED 37 YEARS, S/O.BAKKAR, CHANGALAMOOLAYIL HOUSE,
P.O.THRIKKAKARA, KANAYANNOOR TALUK,
VAZHAKKALA VILLAGE, ERNAKULAM-682 021.
BY ADV. SRI.P.M.ZIRAJ
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 08-09-
2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C)1350/12
APPENDIX
PETITIONER(S) EXHIBITS
EXT.P1 COPY OF INJUNCTION ORDER DATED 14/11/11 IN
IA.7108/11 IN OS.995/11 OF PRL. MUNSIFF COURT,
ERNAKULAM.
EXT.P2 COPY OF JUDGEMENT DATED 16/12/11 IN WPC.33781/2011
OF HIGH COURT.
EXT.P3 COPY OF IA.1600/12 DATED 2/3/12 IN OS.995/11 OF
PRL. MUNSIFF COURT, ERNAKULAM.
EXT.P4 COPY OF COMMISSION REPORT DATED 6/3/2012 IN
IA.1640/2012 IN OS.995/11 OF PRL. MUNSIFF COURT,
ERNAKULAM.
EXT.P5 COPY OF ORDER DATED 12/3/2012 IN IA.1600/12 IN
OS.995/11 OF PRL. MUNSIFF COURT, ERNAKULAM.
EXT.P6 COPY OF IA.2014/12 IN OS.995/11 DATED 17/3/2012 OF
PRL. MUNSIFF COURT, ERNAKULAM.
EXT.P7 COPY OF COMMISSION REPORT DATED 22/3/2012 IN
IA.2014/12 IN OS.995/11 OF PRL. MUNSIFF COURT,
ERNAKULAM.
EXT.P8 COPY OF IA.2299/12 IN OS.995/11 DATED 26/3/12 OF
PRL. MUNSIFF COURT, ERNAKULAM.
EXT.P9 COPY OF ORDER DATED 03/04/2012 IN IA.2299/12 IN
OS.995/11 OF PRL. MUNSIFF COURT, ERNAKULAM.
COUNTER AFFIDAVIT
R1(a) : COPY OF RELEVANT PAGES OF THE PASSPORT OF THE
RESPONDENT DATED 24.01.2007.
R1(b) : COPY OF RELEVANT PAGE OF THE PASSPORT OF THE WIFE OF
THE RESPONDENT SANITHA YOUSEPH DATED 08.12.2010.
R1(c) : COPY OF RELEVANT PAGES OF THE PASSPORT OF DAUGHTER
OF RESPONDENT FATHIMA NOURIN DATED 15.11.2010.
R1(d) : COPY OF THE RELEVANT PAGES OF THE PASSPORT OF THE
SON OF RESPONDENT AJMAL IBRAHIM DATED 15.11.2010.
//TRUE COPY//
PA TO JUDGE.
jg-22/9
THOTTATHIL B.RADHAKRISHNAN, J.
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OP(C) No.1350 of 2012
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Dated this the 8th day of September, 2016
J U D G M E N T
This original petition is filed challenging refusal of the trial court to grant direction for police interference. Looking at the contents of Ext.P9, particularly the reasons stated in paragraph No.15, on the basis of what has been stated relating to the facts of the case in the preceding paragraphs, I do not see any ground to interfere in exercise of jurisdiction under Article 227 of the Constitution of India. It has also to be noted, most importantly, that after admitting this matter on 12.04.2012, there is no interlocutory order issued by this Court. This means that for the last more than 4 years, no requirement was noticed for issuance of any direction for police interference. Hence, preserving all contentions of the parties in the suit, this original petition is dismissed.
(THOTTATHIL B. RADHAKRISHNAN, JUDGE) jg-8/9