Kerala High Court
Rejikumar @ Surya Reji vs Usha Somarajan on 11 October, 2018
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.P.JYOTHINDRANATH
THURSDAY, THE 11TH DAY OF OCTOBER 2018/19TH
ASWINA, 1940
OP(C)No.2615 of 2018
(AGAINST THE ORDER/JUDGMENT IN O.S.No.366/2018
OF MUNSIFF COURT, THIRUVALLA)
PETITIONER/PLAINTIFF:
REJIKUMAR @ SURYA REJI,
AGED 49 YEARS,
BUSINESS, S/O. LATE K.G. SADANANDAN,
KULAMANPOIKAYIL HOUSE,
MADATHUMBHAGOM THEKKEKARA MURI,
PURAMATTOM VILLAGE, MALLAPPALLY TALUK,
PATHANAMTHITTA DISTRICT.
BY ADVS.
SRI.P.HARIDAS
SRI.CHERIAN GEEVARGHESE
SRI.P.C.SHIJIN
SRI.R.B.BALACHANDRAN
SRI.RENJI GEORGE CHERIAN
SRI.RISHIKESH HARIDAS
RESPONDENTS/DEFENDNANTS:
1 USHA SOMARAJAN,
AGED 49 YEARS,
HOMEMAKER, W/O.LATE SOMARAJAN,
KARINTHADICKAL HOUSE, ERAVIPEROOR P.O.,
PIN- 689 542, ERAVIPEROOR MURI,
ERAVIPEROOR VILLAGE, THIRUVALLA TALUK,
PATHANAMTHITTA DISTRICT.
2 SONU K. SOMARAJAN,
AGED 28 YEARS
ALUMINIUM FABRICATOR,
S/O. LATE SOMARAJAN, KARINTHADICKAL HOUSE,
ERAVIPEROOR P.O., PIN- 689 542,
ERAVIPEROOR MURI, ERAVIPEROOR VILLAGE,
THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT.
OP(C)No.2615 of 2018
2
3 JYOTHI K. SOMARAJAN,
AGED 26 YEARS,
NURSE, D/O. LATE SOMARAJAN,
KARINTHADICKAL HOUSE, ERAVIPEROOR P.O.,
PIN- 689 542, ERAVIPEROOR MURI,
ERAVIPEROOR VILLAGE, THIRUVALLA TALUK,
PATHANAMTHITTA DISTRICT.
4 SREEJITH K. SOMARAJAN,
AGED 24 YEARS,
ALUMINIUM FABRICATOR,
S/O. LATE SOMARAJAN, KARINTHADICKAL HOUSE,
ERAVIPEROOR P.O., PIN- 689 542,
ERAVIPEROOR MURI, ERAVIPEROOR VILLAGE,
THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
11.10.2018, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
OP(C)No.2615 of 2018
3
JUDGMENT
Heard.
The grievance of the petitioner is that his business named and styled as 'Surya Hotel' is now blocked by wooden planks fixed by the defendants, making use of the situation that no interim injunction was granted by the court below as there was caveat filed. It is the submission that if a speedy disposal of the interlocutory applications are not made, it will defeat the purpose of the suit itself.
Considering the nature of the order going to be passed, notice to the respondents dispensed with. Even though this petition is premature, considering the submissions made, it is ordered that interim applications filed in O.S.No.366/2018 shall be disposed expeditiously.
With the above direction, this original petition is disposed.
Sd/-
K.P.JYOTHINDRANATH JUDGE ss OP(C)No.2615 of 2018 4 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORIGINAL AGREEMENT DATED 01/10/2013 EXECUTED BY LATE SOMARAJAN.
EXHIBIT P2 TRUE COPY OF THE AGREEMENT DATED 01/11/2013 BETWEEN THE PETITIONER AND A BUILDING CONTRACTOR.
EXHIBIT P3 TRUE COPY OF THE D AND O LICENSE ISSUED BY THE ERAVIPEROOR GRAMA PANCHAYATH TO THE PETITIONER NO.A6-1256/17 DATED 22/05/2017.
EXHIBIT P4 TRUE COPY OF THE D AND O LICENSE ISSUED BY THE ERAVIPEROOR GRAMA PANCHAYATH TO THE PETITIONER NO. A2-2751/18 DATED 27/06/2018.
EXHIBIT P5 TRUE COPY OF FSSAI REGISTRATION NO.2131813000437 OF THE PETITIONER DATED 12/09/2018.
EXHIBIT P6 TRUE COPY OF THE PERFORMA FOR MEDICAL CERTIFICATE FOR FOOD HANDLERS ISSUED FROM PRIMARY HEALTH CENTRE, OTHERA; TO THE PETITIONER DATED 29/03/2016.
EXHIBIT P7 TRUE COPY OF THE INSURANCE CERTIFICATE NO.237, FOR THE PERIOD 20/03/2018 TO 19/03/2019, FROM UNITED INDIA INSURANCE CO LTD, TO THE PETITIONER.
EXHIBIT P8 TRUE COPY OF THE LABOUR REGISTRATION CERTIFICATE NO. SH030590070211 DATED 29/01/2014 OF THE PETITIONER.
EXHIBIT P9 TRUE COPY OF THE ORDER OF INJUNCTION IN IA NO.2262/2018 IN OS NO.388/2016 BEFORE THE MUNSIFF COURT, THIRUVALLA DATED 27/07/2016.
EXHIBIT P10 TRUE COPY OF THE PLAINT IN OS NO.366/2018 BEFORE THE MUNSIFF COURT, THIRUVALLA DATED 06/10/2018.OP(C)No.2615 of 2018 5
EXHIBIT P11 TRUE COPY OF THE INJUNCTION APPLICATION, IA NO.2351/2018 IN OS NO.366/2018 DATED 06/10/2018 BEFORE THE MUNSIFF COURT, THIRUVALLA.
EXHIBIT P12 TRUE COPY OF THE APPLICATION IN IA NO.2397/2018 IN OS NO.366/2018 DATED 11/10/2018.
EXHIBIT P13 TRUE COPY OF THE APPLICATION IN IA NO.
2396/2018 IN OS NO. 366/2018 DATED 11/10/2018.
EXHIBIT P14 TRUE COPY OF THE IA NO.2418/2018 DATED 11/10/2018 FILED BY THE PETITIONER.