IN THE HIGH COURT OF KERALA AT ERNAKULAM
OP(C).No. 744 of 2010(O)
1. REVEENDRAN, S/O.PADMANABHAN,
... Petitioner
Vs
1. SIMI ASHOK KUMAR, W/O.ASHOK KUMAR,
... Respondent
For Petitioner :SRI.M.R.RAJESH
For Respondent : No Appearance
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :16/11/2010
O R D E R
THOMAS P.JOSEPH, J.
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O.P(C) No.744 of 2010
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Dated this the 16th day of November, 2010
J U D G M E N T
According to the petitioner in respect of the same property
there are now three suits pending in the Sub Court, Attingal and
Munsiff’s Court, Varkala. Petitioner filed O.S. No. 222 of 2008 in
the court of learned Sub Judge, Attingal for recovery of damages
and injunction against defendants trespassing into the suit
property and obtained Ext.P2, order of interim injunction on I.A.
No.1415 of 2008. On the strength of that order petitioner has put
up a sign board prohibiting entry into the disputed property and
also placed stones for the said purpose. Respondent filed a
complaint to the police mentioning about pendency of O.S. No.205
of 2008 and O.S. No.189 of 2010. Petitioner learnt that O.S.
No.205 of 2008 is pending in the court of learned Munsiff, Varkala
with an application for temporary injunction seeking relief with
respect to the property involved in O.S. No.222 of 2008. Exhibit P5
is another suit filed by the respondent against one Subashlal and
another. According to the petitioner in that suit also property
scheduled in O.S. No.222 of 2008 is involved. In the meantime
petitioner filed I.A. No.2291 of 2010 in O.S. No.205 of 2008 and
O.P(C) No.744 of 2010
-: 2 :-
I.A. No.2292 of 2010 in O.S. No.189 of 2010 (both pending in
Munsiff’s court, Varkala) for his impleadment in the circumstances
stated above. Prayer in this petition is to issue a direction to the
learned Munsiff to dispose of those applications before other
applications in the said suits are decided. Learned counsel states
that on the strength of interim order of prohibitory injunction
passed in the suits respondent has taken action alleging violation
and filed application for issue of commission for removal of
obstruction which also is pending.
2. Having regard to the facts and circumstances of the
case learned Munsiff, Varkala is directed to dispose of I.A. No.2291
of 2010 in O.S. No.205 of 2008 and I.A. No.2292 of 2010 in O.S.
No.189 of 2010 as early as possible. Learned Munsiff shall also
take into account apprehension of petitioner that if before those
applications are disposed of orders are passed in the application
for commission, etc., petitioner might be put to difficulties and
irreparable injury.
Original Petition is disposed of with the above observation.
THOMAS P. JOSEPH, JUDGE.
vsv