SIVADASAN Vs. VAZHOOR SREE CHERUPUNNIKOTT KSHETRA COMMITTEE

JUDGEMENT

(1.) This appeal is directed against the order dated 4th January, 2002 in C.M.P. No. 64162 of 2001 in O.P. No. 17182 of 2001 which, innocuously, reads as under: "Extension is granted as last chance for two months". Our initial reaction on reading this order was that the appeal was unnecessary. However, with the help of the learned counsel, when the facts were unveiled, we find that there is an attempt to hoodwink the court and take it for a ride for getting orders. We shall now see how this has been done.

(2.) A suit for injunction was filed before the Munsiff's Court, Parappanangadi, as O.S. No 32 of 1995 by the present respondent against the present appellant. An application, I.A.No. 1632/2000 was filed therein by the present respondent seeking to stay the suit under Section 10 of Civil Procedure Code on the ground that there were certain pending appeals before the Land Tribunal and the issue arising in the suit was identical with the issue arising for consideration in the said appeals before the Land Tribunal. This application was rejected by the civil court.

(3.) Against the order of the civil court rejecting the said application, C.R.P. No. 2930 of 2000 was filed in this Court. This C.R.P. was heard and dismissed by Sankarasubhan J by order dated 9th April, 2001. The learned Judge took the view that the court below was perfectly justified in dismissing the application and the remedy was to file an appeal against the order. Instead of following the remedy as indicated, the present respondent filed an independent Original Petition, O.P. No 17182 of 2001, before this Court purportedly under Article 227 of the Constitution. It is claimed by the learned counsel for the respondent that in this Original Petition, all facts pertaining to the above said Civil Revision Petition were disclosed in Para 4. O.P.No. 17182 of 2001 was disposed of without notice to the present appellant by a direction to the Appellate Authority, Land Reforms, Thrissur, to dispose of A.A. Nos.18, 19 and 20 of 2001 immediately, at any rate within six weeks. The other direction, the one which is seriously objected to by the present appellant, is that the Munsiff Court, Parappanangadi was directed not to include O.S.No 32 of 1995 in the hearing list earlier than September 2001. We are informed that the said suit is ready for final hearing of arguments. There is no dispute that these orders were passed without notice to the present appellant and hearing him.