IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 32647 of 2009(O)
1. GEORGE,AGED 65 YEARS,
... Petitioner
2. LILLY,AGED 60 YEARS,W/O.GEORGE,
Vs
1. SARAMMA,AGED 55 YEARS, W/O.K.J.SCARIA,
... Respondent
For Petitioner :SRI.ALEXANDER JOSEPH
For Respondent : No Appearance
The Hon'ble MR. Justice S.S.SATHEESACHANDRAN
Dated :13/11/2009
O R D E R
S.S.SATHEESACHANDRAN, J.
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W.P.(C).No.32647 of 2009 - O
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Dated this the 13th day of November, 2009
J U D G M E N T
Petitioners are the defendants in O.S.No.396 of 2009 on the
file of the Munsiff Court, Muvattupuzha. The above suit is one for
declaration and for injunction, and the respondent is the plaintiff.
On the application moved by the respondent/plaintiff an exparte
order of injunction was passed against these petitioners/defendants
in the suit. An advocate commissioner was also deputed by the
court at the request of the respondent/plaintiff and it is submitted
after local inspection the commissioner has filed a report. Resisting
the suit claim these petitioners/defendants in the suit, it is
submitted, have filed a written statement in which they have also
raised a counter claim. they also moved two applications, one for
interim injunction against the plaintiff and another for appointment
of an advocate commissioner to ascertain some matters which are
stated to be necessary for a proper and fair disposal of the
injunction petition and also the suit. Ext.P7 is the copy of the
injunction application and Ext.P8 is the commission application.
Grievance espoused by the learned counsel for the petitioners is
that despite lapse of two months Exts.P7 and P8 applications are
W.P.(C).No.32647 of 2009 – O
2
not taken up for consideration and Ext.P3 exparte order of
injunction continue to be in force even after the defendant filing
objections to the injunction applications of the plaintiff. The only
relief canvassed is the issue of a writ/order/direction to the court
below for expeditious consideration of injunction application moved
by both sides and also the commission application moved by the
defendants.
2. Having regard to the submissions made and taking note
of the facts and circumstances presented, I find no notice to the
respondent is necessary and it is dispensed with.
3. There will be a direction to the court below to consider
the injunction application of both parties and also the commission
application of the defendant, expeditiously, at any rate, within a
period of one month from the date of receipt of a copy of this
judgment.
Writ petition is disposed of as above. Hand over a copy of the
judgment to the counsel for the petitioners and send a copy to the
court concerned.
S.S.SATHEESACHANDRAN,
JUDGE.
bkn/-