GOPINATHAKURUPU Vs. MOHANDAS

JUDGEMENT

(1.) The original petition is filed to direct the court of the Munsiff, Varkala, to consider and dispose of I.A.No.1/2020 in O.S.No.13/2020 (Ext P3) within a reasonable time period.

(2.) Pursuant to the order dtd. 17/2/2023 passed by this Court, the learned Munsiff, by communication dtd. 23/2/2023, has informed this Court that the suit is filed for a decree of permanent prohibitory injunction. Along with the suit, I.A.No.1/2020 was filed for an order of temporary injunction. On going through the records, the court below found that there was an arbitration clause in the partnership deed. Hence, I.A.No.1/2020 was re-opened for considering whether steps have to be complied under Sec. 89 of the Code of Civil Procedure, 1908, (in short, 'Code'). The court below requires six months' time to dispose of I.A.No.1/2020.

(3.) Heard; Sri. R.T. Pradeep, the learned counsel appearing for the petitioners, Sri. Philip J.Vettickattu, the learned counsel appearing for the respondents 1 and 2, Sri. S. Unnikrishnan, the learned Government Pleader appearing for the respondents 3 to 5 and Sri. Naveen, the learned counsel appearing for the sixth respondent.