IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 5TH APRIL 2010 / 15TH CHAITHRA 1932 WP(C).No. 11571 of 2010(O) ------------------------------------- IA. NO.1096/2009 IN OS.279/2009 of MUNSIFF COURT, ALAPPUZHA .................... PETITIONER(S): ---------------------- SAJEEB S., PROPRIETOR, M/S.AL-FURSAN TRADING COMPANY,9/10-1, BEHIND T TC, KOWDIAR, TRIVANDRUM RESIDING AT VALAYIL, KANNAMPALLY BHAGOM, KAYAMKULAM. BY ADVS.MR.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) MR.A.R.DILEEP SMT.SURYA SASI RESPONDENT(S): ------------------------- HAFSA BEEVI, KOMMATTU PARAMBIL, M.O.WARD, ALAPPUZHA WEST VILLAGE, ALAPPUZHA, WEST P.O., ALAPPUZHA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss P. BHAVADASAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C). No. 11571 of 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of April, 2010 JUDGMENT Petitioner seeks a direction to the court below to take up and dispose of I.A. 1096 of 2009 in O.S. 279 of 2009 on the file of the Munsiff's Court, Alappuzha. 2. Petitioner instituted O.S. 279 of 2009, which was a suit for permanent prohibitory injunction. It is based on an agreement with the respondent for construction of a commercial complex. Details of the agreement are given in the writ petition, which are not relevant for the present purpose. Copy of the plaint is produced as Ext.P1. Along with the suit, the plaintiff has also filed I.A. 1096 of 2009 for temporary injunction. Copy of the said application is produced as Ext.P2. The respondent has entered appearance and filed a detailed objection to the petition for temporary injunction. The complaint of the petitioner is that the pendency of the WPC. 11571/2010. 2 interlocutory application causes considerable hardship and inconvenience to him and he prays that there may be a direction to take up the interlocutory application and dispose it of as expeditiously as possible. 3. In the light of the order that is proposed to passed, it is felt that notice to the respondent is unnecessary. 4. It is seen that the suit was filed on 22.4.2009. Along with the suit I.A. 1096 of 2009 has been filed. I.A. 1096 of 2009 was a petition for injunction. The respondent has entered appearance and filed objection as early as on 4.5.2009. It is unfortunate that the matter has not been disposed of so far. Counsel for the petitioner pointed out that the matter was being adjourned under one pretext or another. It is highly necessary that the matter needs to be considered immediately. Considering all the aspects it is felt that the prayer made is just and reasonable. In the result, there will be a direction to the Munsiff's Court, Alappuzha to take up I.A. 1096 of 2009 in WPC. 11571/2010. 3 O.S. 279 of 2009 forthwith and dispose of it in accordance with law as expeditiously as possible, at any rate within a month of the re-opening of the courts after summer vacation. P. BHAVADASAN, JUDGE sb.