IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 8TH NOVEMBER 2011 / 17TH KARTHIKA 1933 OP(C).No. 3617 of 2011(O) ------------------------------------- OS.1518/1989 OF II ADDITIONAL MUNSIFF COURT, NEYYATTINKARA .................... PETITIONER: -------------------- PARUKUTTY AMMA SARASAMMA, D/O.PARUKUTTY AMMA, AGED 70 YEARS, GOVINDA MANDIRAM, T.B. JUNCTION, MARUTHOOR DESOM, NEYYATTINKARA. BY ADV. SRI.KRISHNADAS P. NAIR, SMT.K.L.SREEKALA. RESPONDENT(S): ------------------------- 1. RAHIMA UMMAL SARA UMMAL, MEDAYUM VEEDU, PUTHENTHERUVU, NEAR MUNICIPAL OFFICE, KADAVATTARAM DESOM, NEYYATTINKARA-695 121. 2. POUSHIKANNU ABUBACKER KUNJU, MEDAYUM VEEDU, PUTHENTHERUVU, NEAR MUNICIPAL OFFICE, KADAVATTARAM DESOM, NEYYATTINKARA-695 121. 3. ASIF, AGED 45 YEARS, S/O.POUSHIKANNU ABUBACKER KUNJU, MEDAYUM VEEDU, PUTHENTHERUVU, NEAR MUNICIPAL OFFICE, KADAVATTARAM DESOM, NEYYATTINKARA-695 121. BY THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 08/11/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs OP(C).No. 3617 of 2011(O) APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1: TRUE COPY OF ORDER IN SA.NO. 630/98 DATED 30-3-2010 OF THIS HON'BLE COURT. EXHIBIT P2: TRUE COPY OF THE ORDER IN OPC. 19 OF 2011 DATED 9-3-2011 OF THIS HON'BLE COURT. EXHIBIT P3: TRUE COPY OF THE I.A. HAVING NO.3754/2011 BEFORE THE MUNSIFF'S COURT, NEYYATTINKARA. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE rs THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.3617 of 2011 -------------------------------------- Dated this the 8th day of November, 2011. JUDGMENT Petitioner is the plaintiff in O.S.No.1518 of 1989 of the court of learned Additional Munsiff-II, Neyyattinkara. That is a suit for declaration of easement over plaint B schedule way for access to the plaint A schedule. The suit was dismissed. Petitioner preferred A.S.No.477 of 1994 before the learned Sub Judge, Neyyattinkara which also was dismissed. Petitioner preferred S.A.No.630 of 1998 before this Court. This Court by judgment dated 30.03.2010 remanded the matter to the trial court for fresh decision. Since trial of the suit did not progress as the petitioner expected, he filed O.P.(C) No.19 of 2011 for time bound disposal. This Court disposed of the Original Petition by judgment dated 09.03.2011 directing the trial court to expedite the trial. Grievance of petitioner is that in the meantime, the son of 2nd respondent filed Ext.P3, application for his impleadment in the suit with the only intention of protracting the proceeding. Hence it is prayed that learned Additional Munsiff-II may be directed to dispose of the suit within a time frame. Learned counsel submitted that notwithstanding Ext.P2, judgment dated 09.03.2011 the matter is still pending. OP(C)No.3617/2011 2 2. Since Ext.P2, judgment directs learned Additional Munsiff to dispose of the suit as early as possible, a further direction in the matter is not required. Learned Additional Munsiff-II, Neyyattinkara shall bear in mind the direction contained in Ext.P2, judgment. With the above direction, this Original Petition is closed. THOMAS P.JOSEPH, Judge. cks