Pattayikkal Pallathil … vs Ellath Gopalakrishna Panicker on 16 July, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 22277 of 2010(O)


1. PATTAYIKKAL PALLATHIL BALACHANDRAN
                      ...  Petitioner

                        Vs



1. ELLATH GOPALAKRISHNA PANICKER,
                       ...       Respondent

                For Petitioner  :SRI.T.SETHUMADHAVAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice THOMAS P.JOSEPH

 Dated :16/07/2010

 O R D E R
                     THOMAS P.JOSEPH, J.
            ====================================
                     W.P(C) No.22277 of 2010
            ====================================
             Dated this the 16th   day of July, 2010



                         J U D G M E N T

Defendant in O.S. No.124 of 2008 of the court of learned

Munsiff, Parappanangadi is the petitioner before me. That is a suit

for injunction filed by the respondent against obstructing free flow

of water through the bund lying east-west allegedly used by

petitioner and others as a way. Petitioner filed I.A. No.1306 of

2009 seeking a mandatory injunction against respondent to

remove certain alleged obstructions which blocked free flow of

water. Grievance of petitioner is that the said application has not

so far been taken up but the suit is listed for trial on 02.08.2010.

2. Since the suit is included in the list for trial on

02.08.2010 it is not necessary to issue any direction to dispose of

I.A. No.1306 of 2009 before 02.08.2010. In case the suit is not

being taken up for trial on 02.08.2010 and trial is prolonged for

any reason whatsoever it is open to the petitioner to request the

learned Munsiff to take up and dispose of I.A. No.1306 of 2009.

W.P(C) No.22277 of 2010
-: 2 :-

Writ Petition is closed with the above observation.

THOMAS P. JOSEPH, JUDGE.

vsv