IN THE HIGH COURT OF KERALA AT ERNAKULAM
OP(C).No. 904 of 2010(O)
1. RONI BABY, S/O.PULLOKKARAN BABY,
... Petitioner
Vs
1. FIJI FRANCIS,
... Respondent
For Petitioner :SRI.P.B.KRISHNAN
For Respondent : No Appearance
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :29/11/2010
O R D E R
THOMAS P JOSEPH, J.
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O.P(C).No.904 of 2010
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Dated this 29th day of November, 2010
JUDGMENT
Petitioner is the defendant in O.S.No.2207 of 2010 of the
court of learned Principal Munsiff, Thrissur and respondent in
C.M.A.No.145 of 2010 of the court of learned District Judge,
Thrissur. Respondent/plaintiff, claiming to be a lessee of the suit
property filed suit for injunction against forcible eviction.
Petitioner filed written statement contending that respondent is
only a licensee and made counter claim for his eviction.
Petitioner filed I.A.No.10065 of 2010 under Sec.151 of the Code
of Civil Procedure for an order of mandatory injunction to direct
the respondent pay the sum of `.8,625/- per month from 19-07-
2010. Learned Munsiff allowed that application which is under
challenge in C.M.A.No.145 of 2010 at the instance of respondent.
Learned counsel states that the appeal and stay petition were
heard on 12-11-2010 but so far the same has not been disposed
of. Learned counsel states that counter was filed on the
application for stay in the C.M.appeal on 11-11-2010 and the
appeal and stay petition were heard on 12-11-2010. But again it
was posted on 31-01-2011 for counter to the stay petition.
O.P(C).No.904 of 2010
: 2 :
According to the petitioner, he has already filed counter on 11-
11-2010. Learned counsel seeks a direction to the learned
District Judge to dispose of C.M.A.No.145 of 2010. Having regard
to the facts and circumstances stated before me learned District
Judge is directed to dispose of the C.M appeal as early as
possible if the preliminary steps on the appeal are over.
This petition is disposed of as above.
(THOMAS P JOSEPH, JUDGE)
Sbna/-