IN THE HIGH COURT OF KERALA AT ERNAKULAM
OP(C).No. 97 of 2010(O)
1. ABDUL RAHIMAN SAHIB, S/O.AHAMMED,
... Petitioner
Vs
1. GEORGE ANTONY, AGED 35 YEARS,
... Respondent
2. MATHEW ANTONY, AGED 35 YEARS,
3. SHINY, AGED 27 YEARS, S/O.TOMY ANTONY,
4. VINCENT ANTONY, AGED 26 YEARS,
For Petitioner :SRI.JACOB SEBASTIAN
For Respondent : No Appearance
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :29/09/2010
O R D E R
THOMAS P. JOSEPH, J.
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O.P.(C) No.97 of 2010
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Dated this the 29th day of September, 2010.
JUDGMENT
Petitioner is the owner of a quarry . When quarrying operations were
about to start respondents filed O.S.No.214 of 1998 for a decree for prohibitory
injunction and the learned Munsiff-Magistrate, Mannarkkad passed an interim
order of injunction which is in force even now. Learned counsel states that even
after lapse of nine years the Advocate Commissioner has not submitted his
report and it is being prolonged for one reason or the other. Since petitioner is
suffering huge loss on account of order of injunction he filed I.A.No.211 of 2010
for early disposal of suit. But that application is also being adjourned from time
to time. That causes substantial injury to the petitioner. Hence this petition
seeking a direction for early disposal of the suit.
2. It is seen that the suit is filed in the year 1998 and petitioner is
suffering an order of temporary injunction. The suit is required to be disposed of
at the earliest. Learned Munsiff shall issue necessary directions to the
Commissioner to submit the report at the earliest if it is not already submitted.
Having regard to the facts stated learned Munsiff-Magistrate is directed to
expedite the trial and disposal of the suit giving it top priority without waiting for
any direction for time bound disposal.
(OP(C) No.97/2010
2
Resultantly this Original Petition is disposed of with the above direction.
THOMAS P.JOSEPH,
Judge.
cks