HOLICROSS HOSPITAL, KOTTIAYAM DESAM, KOLLAM DIST., REP. BY ITS ADMINISTRATOR Vs. E.T. SURESH, S/O. THANKAPPAN, AGED 54, ELLIKKAL HOUSE, THANISSERY DESOM, MANAVALASERY, MUKUNDAPURAM, THRISSUR, CANTEEN PROPRITOR, HOLY CROSS HOSPITAL, KOTTIYAM, KOLLAM DIST

JUDGEMENT

(1.) The petitioner herein is the defendant in O.S.No.779/15 on the files of the Principal Munsiff's Court, Kollam. The above suit was filed by the respondent herein for an injunction restraining the petitioner from forcefully evicting him from the plaint schedule building and to interfere with the peaceful conduct of the canteen, which is being run by the respondent. Originally, the above suit was filed before the Munsiff's Court, Kollam, as O.S. No. 779/15 and I.A. No. 4096/15 was filed seeking an order of temporary prohibitory injunction against the petitioner and the same was allowed by the Munsiff's Court, Kollam.

(2.) Thereafter, on receipt of the summons and temporary injunction order, the petitioner entered appearance before the Munsiff's Court, Kollam, and filed an objection contending that the Munsiff's Court, Kolla,m has no territorial jurisdiction to entertain the suit and the suit ought to have been filed before the Munsiff's Court, Paravoor, within the limits of whose jurisdiction the subject matter of the suit is situated. After considering the objection filed by the petitioner, the Munsiff's Court, Kollam, found that the said court has no territorial jurisdiction to try the suit and on that reason, the suit was transferred to the Munsiff's Court, Paravoor, having jurisdiction to try the case and directed the parties to appear before the Munsiff's Court, Paravoor, on 19.12.2015. Both parties entered appearance before the Munsiff's Court, Paravoor, and the proceedings are going on before that court.

(3.) The grievance of the petitioner is that though the Munsiff's Court, Kollam, has returned the plaint so as to file the same before the Munsiff's Court, Paravoor, the Munsiff's Court, Kollam, failed to recall and vacate Ext.P4 temporary injunction order, which was passed, without jurisdiction, and the said order is still continuing in force. Hence, this original petition is filed seeking an order setting aside Ext.P4 order passed by the Munsiff's Court, Kollam.