IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 26TH MARCH 2010 / 5TH CHAITHRA 1932 WP(C).No. 10327 of 2010(O) -------------------------- CMA.99/2008 of ADDL.DISTRICT COURT, THRISSUR OS.300/2004 of MUNSIFF'S COURT,CHAVAKKAD .................... PETITIONER(S): -------------------------- MOHAN SHANKAR, S/O.VAIKKATTIL NARAYANAN, VATANAPPILLY AMSOM AND DESOM, CHAVAKKAD TALUK. BY ADVS. MR.P.B.KRISHNAN, SMT.GEETHA P.MENON, MR.P.M.NEELAKANDAN. RESPONDENT(S): --------------------------- 1. AYYAPPAN, S/O.PARAKKAL THACHAPPULLY KRISHNAN, ENGANDIYOOR AMSOM AND DESOM, CHAVAKKAD TALUK. 2. RAMAKRISHNAN, S/O.PARAKKAL THACHAPPULLY VELAPPAN, IN DO. DO. 3. SURENDRAN, S/O.CHERKKARA THANDAYAN VEETTIL APPUKUTTAN, VATANAPPILLY AMSOM AND DESOM, CHAVAKKAD TALUK. 4. SUBHASHCHANDRAN, S/O.THOZHUTHUMPARAMBIL UNNI, THALIKKULAM AMSOM AND DESOM, CHAVAKKAD TALUK. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.BHAVADASAN, J. ------------------------------------- WP(C) No.10327 of 2010-O ------------------------------------- Dated 26th March 2010 Judgment In this Writ Petition filed under Article 227 of the Constitution of India, the limited prayer of the petitioner is for a direction to the District Court, Thrissur to take up CMA No.99/08 on file and dispose of the same in accordance with law. 2. The petitioner is the plaintiff in OS No.300 of 2004 on the file of the Munsiff's Court, Chavakkad. The suit was one for injunction and other ancillary reliefs. The case was transferred to the First Additional Sub Court, Thrissur for joint trial with OS No.894/03. The trial court issued an order in IA No.1032/04 in OS No.300/04 to maintain status quo in terms of the Commissioner's report. A copy of the said order is produced as Ext.P1. The petitioner says that the status quo order was violated by the respondent. Thereafter, he filed IA No.1645/08, which WPC 10327/10 2 was allowed by the trial court directing to remove the constructions made in violation of the status quo order. Ext.P2 is the copy of the said order. The trial court also directed as per Ext.P3 order to render necessary police protection for complying with Ext.P2 order passed by it. Respondents 1 to 3, who are defendants 2 to 4 in the suit filed CMA No.99/08 before the First Additional District Court, Thrissur, challenging the order in IA No.1645/08 in OS No.300/04, in which stay was granted by the said Court. The copy of the stay order is produced as Ext.P4. It is submitted that due to the stay order passed by the Appellate Court, the trial court is not able to take necessary action to redress the grievance of the petitioner. Therefore, the petitioner prays for a direction to the First Additional District Court, Thrissur to take up CMA No.99/08 on file and dispose of the same in accordance with law. 3. In the light of the facts stated above, it is felt that the apprehension of the petitioner is well founded. So, it is only just and proper that the CMA is directed to be WPC 10327/10 3 disposed of expeditiously. Accordingly, there will be a direction to the First Additional District Court, Thrissur to take up CMA No.99/08 on file and dispose of the same in accordance with law as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment. The Writ Petition is disposed of as above. P.BHAVADASAN, JUDGE sta WPC 10327/10 4