IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 21ST MAY 2010 / 31ST VAISAKHA 1932 WP(C).No. 15690 of 2010(Q) -------------------------- CMA.109/2009 of DISTRICT COURT, THRISSUR OS.1244/2008 of I ADDL.SUB COURT, THRISSUR .................... PETITIONER: --------------- MUHAMMEDALI, AGED 72, S/O.CHERUVAYIL MUHAMMED @ BAPPUTTY, MANKARA DESOM, ENKAKAD VILLAGE, THALAPPILLY TALUK, THRISSUR DISTRICT. BY ADV. SRI.G.SREEKUMAR (CHELUR) SRI.K.RAVI (PARIYARATH) RESPONDENTS: --------------- 1. GIREESAN, S/O THRITHALA PANJARVEETIL RUGMINIAMMA, SANTHI BHAVAN, ENKAKAD DESOM-VILLAGE, TALAPPILLY TALUK. 2. UMMAR, S/O.CHATHAMKOTTILI MANI @ MUHAMMED, ENKAKAD DESOM-VILLAGE, TALAPPILLY TALUK. 3. JAMAL, S/O.CHATHAMKOTTILI MANI @ MUHAMMED, ENKAKAD DESOM-VILLAGE, TALAPPILLY TALUK. 4. MANI @ MUHAMMED, S/O.CHATHAMKOTTIL ADIMU, ENKAKAD DESOM-VILLAGE, TALAPPILLY TALUK. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- W.P.C.No.15690 of 2010 --------------------------------------- Dated this 21st day of May, 2010 JUDGMENT Petitioner along with another filed O.S.No.1244 of 2008 in the court of learned Additional Sub Judge-I, Thrissur for a declaration of his right in the suit property and for other reliefs including injunction against construction of structures. He also prayed for an interim order of temporary injunction. After hearing both sides that application was dismissed. That is under challenge in C.M.Appeal No.109 of 2009 pending before the learned Additional District Judge-1, Thrissur. In that appeal, petitioner has prayed for an interim order of injunction. Since no order was passed on that application, petitioner was constrained to file an application on 15-03-2010 to advance hearing of the appeal and application for injunction. Learned counsel submits that the said application is posted on 25-05-2010. In the meantime respondents are trying to put up structures in the suit property. What is requested for is a direction to the learned Additional District Judge to dispose of the C.M.Appeal and/or application for injunction at the earliest. Having regard to the circumstances stated by learned counsel and the urgency of the matter urged before me I direct the W.P.C.No.15690 of 2010 : 2 : learned Additional District Judge to dispose of the C.M.Appeal and/or application for temporary injunction if the same are ripe for hearing as expeditiously as possible. In case the appeal and application for injunction cannot be heard immediately, learned Additional District Judge may also consider whether some interim arrangement can be made to allay the apprehension of petitioners that respondents might put up structures in the suit property. Writ petition is disposed of as above. (THOMAS P JOSEPH, JUDGE) Sbna/-