IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 26TH JULY 2011 / 4TH SRAVANA 1933 OP(C).No. 2391 of 2011(O) -------------------------------- AS.16/2011 of SUB COURT,KOCHI OS.39/2010 of MUNSIFF COURT, KOCHI .................... PETITIONER --------------- 1. A.X.VALSALA, W/O.LATE ALLAPPAN RETD. AEO, PADAMADAN HOUSE, KOSUNGALLOOR, THRISSUR DISTRICT. 2. A.X.GRACY, W/O. THOMAS K.J. RETD. PRINCIPAL HIGHER SECONDARY SCHOOL KANNANKERRIL HOUSE RESIDING AT H.NO.20, GCDA COLONY VADUTHALA, KOCHI 682 023. 3. A.X. ANNIES, W/O.GEORGE THOMAS RETD. A.E.O., VARIYATH HOUSE CHERANELLOOR VILLAGE, KANAYANNOOR TALUK. BY SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE ADVS.SRI.S.SUJIN SMT.NITAN.S. RESPONDENT(S): -------------------- 1. A.X.THOOMAS, S/O.LATE.A.T.XAVIER "KOODARAM" HOUSE, PADAMUGHAL, KAKKANAD, KOCHI. 2. A.X.VARGHESE, S/O.LATE A.T.XAVIER ARAKKAL HOUSE, NARAYAMBALAM, KOCHI. 3. A.X.JOSEPH, S/O LATE A.T.XAVIER VENNALA DESOM, PLACED AS CHAIRMAN & MD OF KITCO PALLIMUKKU, RAVIPURAM, ERNAKULAM. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 26/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs O.P.(C). NO. 2391/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE PLAINT IN O.S. NO.39/2010 ON THE FILE OF THE COURT OF THE MUNSIFF, KOCHI. P2: COPY OF A.S. NO.16/2011 ON THE FILE OF THE COURT OF THE SUBORDINATE JUDGE, KOCHI. P3: COPY OF I.A. NO.492/2011 IN A.S.NO.16/2011 ON THE FILE OF THE SUBORDINATE JUDGE, KOCHI. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs THOMAS P JOSEPH, J. ---------------------------------------- O.P(C).No.2391 of 2011 --------------------------------------- Dated this 26th day of July, 2011 JUDGMENT Petitioners are the appellants in A.S.No.16 of 2011 of the Court of learned Sub Judge, Kochi. They challenged the dismissal of O.S.No.39 of 2010 of the Court of learned Munsiff, Kochi. The suit was for a declaration of right of easement and for injunction. It is submitted by learned counsel that during the pendancy of the suit and there was an order of temporary injunction. In the appeal, petitioners preferred I.A.No.492 of 2011 for an order of injunction but, no order has been passed on that application and hence this original petition seeking a direction for disposal of I.A.No.492 of 2011. 2. Having heard learned counsel for petitioners the appropriate course, in my view is to permit petitioners to request learned Sub Judge to pass appropriate interim order (if circumstances warranted that) on I.A.No.492 of 2011 or if respondents have appeared on that application to dispose of I.A.No.492 of 2011 as provided under law. O.P(C).No.2391 of 2011 -: 2 :- Resultantly this original petition is disposed of permitting petitioners to request learned Sub Judge to dispose of I.A.No.492 of 2011 (in A.S.No.16 of 2010) as above stated. (THOMAS P JOSEPH, JUDGE) Sbna/-