IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 12649 of 2010(O)
1. SYED FAZAL POOKOYATHANGAL,
... Petitioner
Vs
1. VALIYATHODI IBRAHIM, S/O.MAMMU,AGED 64
... Respondent
For Petitioner :SRI.K.MOHANAKANNAN
For Respondent : No Appearance
The Hon'ble MR. Justice P.BHAVADASAN
Dated :08/04/2010
O R D E R
P.BHAVADASAN, J.
————————————-
WP(C) No.12649 of 2010-O
————————————-
Dated 8th April 2010
Judgment
The limited prayer of the petitioner in this Writ
Petition filed under Article 227 of the Constitution of India,
is for a direction to the Munsiff’s Court, Perinthalmanna to
hear and dispose of Ext.P3 (IA No.254/10 in OS No.46/10)
within a time limit to be fixed by this Court.
2. The petitioner is the plaintiff in OS No.46/10
which is a suit for permanent prohibitory injunction,
restraining the defendant from altering the boundary of the
plaint schedule property. Along with the plaint, the
petitioner moved two applications, one for appointing an
Advocate Commissioner and the other for interim
injunction. Copies of the said applications are Exts.P2 and
P3. An Advocate Commissioner was appointed and he
has filed a report.
WPC 12649/10 2
3. On 05.04.2010, it is stated that when the case
was taken up, the counsel for the petitioner prayed for an
order on Ext.P3 IA. But the Court below adjourned the
case to 02.08.2010, stating that the defendant may file a
written statement. The learned counsel for the petitioner
submitted that the order passed by the Court below is
unjustified. In the above circumstances, he approached
this Court, praying for appropriate reliefs.
4. In the light of the order that is proposed to be
passed in this Petition, it is felt that notice is unnecessary
to the parties. If what the petitioner says is true, this Court
can only say that it is unfortunate. The Writ Petition is
disposed of directing the Munsiff’s Court, Perinthalmanna
to take up IA No.254/10 and dispose of the same in
accordance with law after hearing both sides, in the first
week after the re-opening of the court after the mid-
summer vacation.
P.BHAVADASAN, JUDGE
WPC 12649/10 3
sta
WPC 12649/10 4