IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 16TH OCTOBER 2009 / 24TH ASWINA 1931 WP(C).No. 29332 of 2009(O) ----------------------- ---------------- AS.15/2008 of SUB COURT,NEYYATTINKARA OS.529/2003 of PRINCIPAL MUNSIFF COURT,NEYYATTINKARA (EP.225/05) .................... PETITIONER(S): ------------------------ VIOLET JOSEPH D/O.RAJAMMA ALIAS RESALAMMA,PLAVILA VEEDU,KEELIYODE,VANDOOR, MARANALLOOR(PUNTHI NARAYANAPURAM VENKITTAPPA COLONY-A,DHURVENI NAGAR PO,BANGALORE,KARNADAKA, REP.BY P/A HOLDER,BABURAJ S/O.DEVARAM,PUVENPARA PUTHEN VEEDU,VALLICHIRA,KORANAMCODE,ANAVOOR. BY ADV. MR.R.GOPAN RESPONDENT(S): ----------------------- 1. M.C.JAYASREE, T.C.7/1058(2)G-212, CHERIVALLILANE, KOLLAM VILAKAM, KANJIRAPARA P.O., MARUTHANKUZHI, THIRUVANANTHAPURAM. 2. M.C.NIRMALA, ARUN NIVAS, ATHIYANNOOR, ARALUMMOODU P.O., NEYYATTINKARA. 3. M.C.RAVI, PLAVILA VEEDU, KEELIYODU, PERUMPAZHUTHOOR P.O., NEYYATTINKARA. 4. M.C.RAJANI, AMBALATHARA BUNGLOW, MARAYAMUTTOM P.O., NEYYATTINKARA. 5. M.C.SABHITHA RATHNAM, EDAKKOTTUKONAM, KARANAMVODE, KOTTAKAL P.O. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss S.S.SATHEESACHANDRAN, J. ----------------------------- W.P.(C).No.29332 OF 2009 -------------------------- Dated this the 16th day of October 2009 ------------------------------------- JUDGMENT The writ petition is filed seeking the following reliefs. i) Issue an order and stay the order of delivery in E.P No.225/2005 in O.S No.529/2003 of the 1st Additional Munsiff Court, Neyyattinkara till the disposal of I.A No.923/2009 in A.S No.15/2008 of Sub Court, Neyyattinkara. ii) Issue an order or direction directing the Sub Court, Neyyattinkara to dispose of I.A No.923/2009 in A.S No.15/2008 forthwith. iii) Such other writ, direction or order this Hon'ble Court deem fit and proper for the circumstances in this case. 2. Petitioner is the appellant in A.S No. 15 of 2008 on the file of the Sub Court, Neyyattinkara. The appeal has been filed against W.P.(C).No.29332 OF 2009 Page numbers the dismissal of the suit viz O.S No.566 of 2005 on the file of the Munsiff Court, Neyyattinkara. In the appeal, petitioner has moved an application for interim injunction till the disposal of the appeal against the respondents, and that application, despite the appearance of the respondents in the appeal, is being adjourned from time to time and not disposed on merits after hearing both sides is the grievance canvassed by the petitioner for issue of direction/order to the learned Sub Judge to dispose that application expeditiously. It is the submission of the counsel that, in respect of the rights claimed by the petitioner over the subject matter involved in his appeal, the respondents had obtained a decree in another suit without impleading him as a party, and on the basis of the decree obtained in the previous suit they are taking hasty steps for effecting delivery of the property and putting up of boundary walls. The learned counsel, therefore, urged for issuing a direction to the lower appellate court for W.P.(C).No.29332 OF 2009 Page numbers expeditious disposal of Ext.P5 injunction application moved in the appeal after hearing both sides to render justice. 3. Having regard to the submissions made and taking note of the facts and circumstances presented, I find no notice to the respondents is necessary and it is dispensed with. After perusing Ext.P5 order, I find that the injunction claimed thereunder is only to restrain the respondents in the appeal from forcibly entering into the property and disturbing the possession and enjoyment of the petitioner and fixation of boundaries till disposal of the appeal. I do not want to express any opinion on the merits of the case canvassed by the petitioner as to how far such an injunction even if granted would enable the petitioner to prevent the execution of a lawfully obtained decree passed through court. All the same, having regard to the submissions made by the counsel that an expeditious disposal of Ext.P5 application is necessary to W.P.(C).No.29332 OF 2009 Page numbers advance the ends of justice, I direct the court below to give the petition top priority in hearing, and if service is complete, dispose it within a period of one month from the date of receipt/production of a copy of this judgment. The execution court dealing with the execution of the decree in O.S No.529/2003 is directed to adjourn the delivery for a period of six weeks from the date of this judgment. I make it clear that I am not expressing any opinion on the merits of the case canvassed by the petitioner nor as to his entitlment to prevent the execution of the aforesaid decree in any manner. Subject to the above directions, the writ petition is closed. Hand over a copy of the judgment to the counsel for the petitioner on usual terms, and send a copy to the Sub Court Neyyattinkara and Munsiff Court, Neyyattinkara forthwith. Sd/- S.S.SATHEESACHANDRAN, //TRUE COPY// JUDGE vdv P.A TO JUDGE