IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 27TH FEBRUARY 2009 / 8TH PHALGUNA 1930 WP(C).No. 6556 of 2009(O) ------------------------- CMA.7/2008 of SUB COURT, TIRUR OS.55/2008 of MUNSIFF COURT, TIRUR .................... PETITIONER(S): --------------- 1. PALLIYERI PRADEEP,S/O.APPUNNY,PALLIYERI HOUSE,ANNARA, TIRUR PO,MALAPPURAM DISTRICT-676101. 2. KAPPALAPADIKKAL BALAKRISHNAN, S/O.VELAYUDHAN, ANNARA, TIRUR.PO,MALAPURAM DISTRICT-676101. 3. PUTHIYAKATH THAMI, S/O.CHATHAPPAN, PUTHIYAKATH HOUSE, ANNARA, TIRUR.PO,MALAPPURAM DISTRICT-676101. BY ADV. SRI.P.CHANDRASEKHAR RESPONDENT(S): --------------- 1. VENNUPARAMBIL VASU, S/O.APPUTTY, VENNUPARAMBIL HOUSE, ANNARA, TIRUR.PO, MALAPPURAM DISTRICT-676101. 2. VIJAYAM @ VIJAYALAKSHMI, W/O.VENNUPARAMBIL VASU VENNUPARAMBIL HOUSE, ANNARA TIRUR.PO, MALAPPURAM DISTRICT.676101. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C) NO. 6556 OF 2009 O ------------------------------------------------------ Dated this the 27th February, 2009 JUDGMENT Defendant Nos.1, 3 and 4 in O.S.No.55 of 2008, on the file of the Court of the Munsiff of Tirur, are the petitioners. The respondents are the plaintiffs in the suit. The suit is for permanent prohibitory injunction. As per Ext.P5 order dated 9.4.2008 in I.A.Nos.260 of 2008 and 661 of 2008, the trial court granted temporary injunction in favour of the plaintiffs and the application filed by the defendants for temporary injunction was dismissed. Against Ext.P5 order dated 9.4.2008, the defendants have filed C.M.A.No.7 of 2008 before the Sub Court, Tirur. Though application for stay was filed, it is submitted that no interim order was granted as the respondents therein had filed a caveat. Meanwhile, proceedings are initiated against the petitioners (defendants) for enforcement of the order of injunction. 2. It is submitted by Advocate Mohammed Iquabal, learned counsel appearing for the respondents, that the petitioners have W.P.(C) NO.6556 OF 2009 :: 2 :: violated the order of temporary injunction. The respondents/plaintiffs had to file an application for taking action against the petitioners under Order XXXIX Rule 2-A of the Code of Civil Procedure. An application for police assistance was also filed by them. As per the order passed in another Writ Petition, the trial court was directed to expedite the disposal of the application for enforcement of the order of temporary injunction. It is submitted that the application for enforcement of the order of temporary injunction is posted to 28.2.2009. 3. The grievance of the petitioners is that the application for stay filed by them in C.M.A.No.7 of 2008 is not being disposed of. The petitioners state that, at the same time, if the injunction order is enforced or some action is taken against them before the trial court, they will be put to great hardship. The prayer for an early disposal of the application for stay in C.M.A.No.7 of 2008 cannot be opposed by the respondents as unreasonable and the respondents rightly did not do so. It is submitted by Advocate Mohammed Iquabal that the respondents are always ready to argue the application for stay filed in C.M.A.No.7 of 2008. W.P.(C) NO.6556 OF 2009 :: 3 :: 4. Considering the facts and circumstances of the case, the Sub Court, Tirur is directed to dispose of the application filed by the appellants in C.M.A.No.7 of 2008, praying to stay the order of temporary injunction granted by the trial court, as expeditiously as possible and, at any rate, on or before 15.3.2009. Both sides submit that if the case is posted within a week, they will argue the matter before the Sub Court. This submission is recorded. The Writ Petition is disposed of as above. (K.T.SANKARAN) Judge ahz/