IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 22657 of 2009(O)
1. KUMARAN ASARY, AGED 68 YEARS,
... Petitioner
Vs
1. PARUKUTTY, W/O.RAGHAVAN,
... Respondent
2. RAGHAVAN, AGED 76 YEARS,
3. SIVADASAN PILLAI, AGED 47 YEARS,
4. MR.M.N.HARIDASAN,
5. MR.HASHIM,
6. MR.THANKACHAN,
7. MR.CHELLAPPAN,
For Petitioner :SRI.SYAM J SAM
For Respondent : No Appearance
The Hon'ble MR. Justice S.S.SATHEESACHANDRAN
Dated :26/08/2009
O R D E R
S.S.SATHEESACHANDRAN, J.
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W.P.(C).No.22657 of 2009 - O
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Dated this the 26th day of August, 2009
JUDGMENT
The writ petition is filed seeking the following relief:
“To direct the learned Munsiff Court, Punalur
to dispose of Ext.P2 I.A. within a time frame fixed
by this court.”
2. Petitioner is the plaintiff in O.S.No.320 of 2008 on the
file of the Munsiff Court, Punalur. Suit is one for declaration of a
sale deed as null and void and for consequential injunction. With
the suit, an application moved for interim injunction has not been
taken up for hearing and disposal is the grievance canvassed in
the writ petition seeking issue of orders/directions to the court
below for an expeditious disposal of that application.
3. A report was called from the learned Munsiff as to
whether there is any hurdle for disposing that application. Report
has been received from the learned Munsiff which would indicate
that the interlocutory application could not be taken up in view of
the pressure of other work
4. Having regard to the nature of the facts and
circumstances presented and the submissions made by the
W.P.(C).No.22657 of 2009 – O
2
counsel for the petitioner, I find no notice to the respondents is
necessary, and hence it is dispensed with. I heard the learned
counsel for the petitioner.
5. Perusing the report submitted by the learned Munsiff I
find it is far from satisfactory. Whatever be the pressure of the
work canvassed as a reason for nondisposal of the interlocutory
application when the court had been requested to hear and
dispose it by way of an advance petition, serious efforts should
have been made for disposal of that petition. The learned Munsiff
is directed to hear and dispose of I.A.No.1725 of 2008 within a
period of one month from the date of receipt of a copy of this
judgment.
Subject to the above direction, the writ petition is closed.
S.S.SATHEESACHANDRAN,
JUDGE.
bkn/-