High Court Kerala High Court

M/S.Tip Top Furniture Industries vs Simi Salim on 7 October, 2008

Kerala High Court
M/S.Tip Top Furniture Industries vs Simi Salim on 7 October, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 24352 of 2008(Y)


1. M/S.TIP TOP FURNITURE INDUSTRIES, A
                      ...  Petitioner
2. K.T.SAITHALAVI, AGED 53 YEARS,
3. A.THITHUMMA, AGED 47 YEARS,

                        Vs



1. SIMI SALIM, W/O.SALIM HAMEED, FAIZAL
                       ...       Respondent

2. SALIM HAMEED, FAIZAL MANZIL, N.H.47

                For Petitioner  :SRI.T.M.RAMAN KARTHA

                For Respondent  :SRI.RAM MOHAN.G.

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :07/10/2008

 O R D E R
                           V. RAMKUMAR , J.
               ==========================
                        W.P.(C) No. 24352 of 2008
               ==========================
                Dated this the 7th day of October, 2008.

                              JUDGMENT

The writ petitioners are the plaintiffs in O.S. No. 22 of 2008 on

the file of the Sub Court, Attingal. The said suit is one for perpetual

injunction against trespass and for consequential reliefs. Pending suit,

the petitioners filed Ext.P9(a) application as I.A. No. 3637 of 2007

seeking a temporary injunction against alienating the plaint schedule

property which is a building. The plaintiffs also filed Ext.P13

application as I.A. No. 1035 of 2008 against inducting strangers into

the plaint schedule property. The grievance of the petitioner is that

Exts.P9(a) and P13 petitions are not being disposed of.

In as much as the petitioners have filed Exts.P9(a) and P13

applications for interim reliefs pendente lite, it was incumbent upon

the court below to dispose of the same after hearing both sides.

Accordingly, this writ petition is disposed of directing the Sub Court,

Attingal to dispose of Exts.P9(a) and P13 applications i.e., I.A. Nos.

3637/2007 and 1035 of 2008 expeditiously and at any rate within one

month of receipt of a copy of this judgment.

Dated this the 7th day of October, 2008.

V. RAMKUMAR, JUDGE.

rv