IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 4486 of 2010(O)
1. ELDHO,
... Petitioner
Vs
1. MANUAL, S/O.JACOB,
... Respondent
For Petitioner :SRI.M.C.CHERIAN
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :11/02/2010
O R D E R
V. RAMKUMAR, J.
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W.P. (C ) No. 4486 of 2010
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Dated: 11-02-2010
JUDGMENT
The Writ Petitioner is the plaintiff in O.S. No. 235/2009 on
the file of the Sub Court, Moovattupuzha. The said suit was for
a prohibitory injunction restraining the defendants from
obstructing the plaintiff in conducting a crusher unit in the plaint
schedule property from the year 2003 onwards on the strength of
a license deed dated 18-8-2005 for a period of 10 years. Along
with the plaint the plaintiff also filed I.A. No. 3268/2009 for a
temporary injunction. While the said petition was pending
consideration, the defendant produced a cancellation deed as per
which he claimed to have cancelled the license deed. The
petitioner/plaintiff disputed the genuineness of the cancellation
deed and thereupon the trial court sought an expert opinion
regarding the genuineness of the cancellation deed. It also ordered
that until that Court takes a decision on the genuineness of the
cancellation deed dated 23-11-2009 the crusher unit in the plaint
schedule property will not be run by either party or their agents.
Aggrieved by the said order the petitioner filed C.M.A. 8 of 2010
before the District Court, Ernakulam. Along with the appeal, he
filed I.A. No. 178 of 2010 seeking a stay of the order in I.A.
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3268 of 2009 in O.S. 235 of 2009 on the file of the Sub Court,
Moovattupuzha, in so far as that court had restrained the
petitioner from operating the crusher unit. The lower appellate
court has as per Ext.P19 order dated 29-01-2010 dismissed the
said application. It is the said order which is assailed in this Writ
Petition.
2. Admittedly, the C.M. A. filed by the petitioner before
the lower appellate court is pending. Ext.P4 report dated 14-12-
2009 filed by the Advocate Commissioner in the suit had taken
note of the state of affairs prevailing in the property as on 11-12-
2009. That state of affairs which is the palpable status quo should
be allowed to continue until further orders. Accordingly, this Writ
Petition is disposed of directing the III Addl. District Court,
Ernakulam to finally hear and dispose of C.M.A. 8 of 2010 as
expeditiously as possible and at any rate, within four months of
receipt of a copy of this judgment after giving both sides an
opportunity of being heard. The lower Court records for the
purpose of hearing C.M.A. 8/2010 shall be forwarded
immediately to the 3rd Addl. District Court, Ernakulam .
Status quo as obtained on the date of Ext.P4 Commission
Report dated 14-12-2009 shall be maintained until the disposal of
the C.M.A.
V. RAMKUMAR,
(JUDGE)
ani.
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