IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 10TH OCTOBER 2011 / 18TH ASWINA 1933 OP(C).No. 3222 of 2011(O) ------------------------- AGAINST THE ORDER IN IA 600/09,IA 635/10 IN OS.93/2009 of MUNSIFF COURT, KOTTARAKKARA .................... PETITIONER(S): ------------------------- 1. SREEDEVI AMMA, SREEJAS, CHADAYAMANGALAM MURI, CHADAYAMANGALAM VILLAGE, KOLLAM DISTRICT. 2. SREEJA, D/O. SREEDEVI AMMA, SREEJAS, CHADAYAMANGALAM MURI, CHADAYAMANGALAM VILLAGE, KOLLAM DISTRICT. BY ADVS. SRI.B.MOHANLAL, SRI.T.PRASAD. RESPONDENT(S): ---------------------------- J.S. SREENA, D/O. SREEDEVI AMMA, DEVI MANDIRAM, CHGEMMANTHOOR MURI, PUNALUR VILLAGE, KOLLAM DISTRICT - 691 506. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 10/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss OPC.NO.3222/2011 O APPENDIX PETITIONER'S EXHIBITS: EXHIBIT-P1 -TRUE COPY OF THE PLAINT IN O.S NO. 93/2009 ON THE FILE OF THE MUNSIFF COURT, KOTTARAKKARA. EXHIBIT-P2- TRUE COPY OF THE ORDER IN I.A. NO. 600/2009 IN O.S NO. 93/2009 DATED 11/03/2009 ON THE FILE OF THE MUNSIFF COURT, KOTTARAKKARA. EXHIBIT-P3- TRUE COPY OF THE OBJECTION FILED BY THE PETITIONERS BEFORE THE MUNSIFF COURT, KOTTARAKKARA. EXHIBIT-P4- TRUE COPY OF THE ORDER DATED 24/03/2009 IN I.A NO. 600/2009 IN O.S NO. 93/2009 ON THE FILE OF THE MUNSIFF COURT, KOTTARAKKARA. EXHIBIT-P5- TRUE COPY OF THE INTELOCUTORY APPLICATION FILED BY THE PETITIONERS BEFORE THE MUNSIFF COURT, KOTTARAKKARA EXHIBIT-P6- TRUE COPY OF THE ORDER DATED 05/08/2011 IN I.A. NO. 2952/2011 IN O.S 93/2009 ON THE FILE OF THE MUNSIFF COURT, KOTTARAKKARA. EXHIBIT-P7- TRUE COPY OF THE ORDER DATED 05/08/2011 IN I.A. NO. 635/2009 IN O.S NO.93/2009 ON THE FILE OF THE MUNISFF COURT, KOTTARAKKARA. RESPONDENTS' EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss THOMAS P.JOSEPH, J. ==================================== O.P(C) No.3222 of 2011 ==================================== Dated this the 10th day of October, 2011 J U D G M E N T Petitioners are defendants in O.S. No.93 of 2009 of the court of learned Munsiff, Kottarakkara. Challenge in this Original Petition is to Exts.P2, P4 and P7, orders. Respondent filed the suit for partition against petitioners claiming 1/3rd right in the half share of the suit property and filed I.A. No.600 of 2009 for injunction against commission of waste. As per Ext.P2, order dated 11.03.2009 there was an ex parte order of interim injunction. Petitioners filed Ext.P3, objection requesting to vacate the interim order. Learned Munsiff passed Ext.P4, order dated 23.03.2009 extending the interim order of injunction until disposal of the suit according to the petitioners, without referring to Ext.P3, objection. Petitioner filed I.A. No.635 of 2011 to vacate Ext.P4, oder which was dismissed as per Ext.P7, order. 2. When this matter came up for hearing learned counsel submitted that this Original Petition may be disposed of without prejudice to the statutory right available to the petitioners against Exts.P2, P4 and P7 and directing the learned Munsiff to dispose of O.P(C) No.3222 of 2011 -: 2 :- the suit itself as early as possible. It is pointed out by the learned counsel that even as per the plaint claim, respondent has only a claim over 1/3rd right in the half share in the suit property. It is also pointed out that on account of the order of injunction petitioners are not able to cut and remove the old rubber trees and replant the property. 3. Having regard to the circumstances of the case and since the suit is of the year 2009, learned Munsiff is directed to expedite trial and disposal of the suit if preliminary steps are over. Original Petition is disposed of without prejudice to the statutory right if any available to the petitioners against the impugned orders. THOMAS P. JOSEPH, JUDGE. vsv