IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 15TH DECEMBER 2010 / 24TH AGRAHAYANA 1932 OP(C).No. 1162 of 2010(O) --------------------------------------- OS.63/2010 of MUNSIFF COURT,VARKALA .................... PETITIONER ------------------- ABDUL SALAM ALIAS RAJAN, AGED 47 YEARS, S/O. ABDUL MAJEED ALIAS MADHU, UTHRADAM RESTAURANT, VARKALA MYDANAM, RESIDING IN 'AMUNA' MUNDAYIL, VARKALA. BY ADV. SRI.G.S.REGHUNATH RESPONDENT(S): ------------------------- ABDUL SHAJAR, S/O. ASHARAF, AGED ABOUT 40 YEARS, SAJILA MANZIL, KURAKKANNI, P.O VARKALA TRIVANDRUM - 695141. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 15/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss THOMAS P.JOSEPH, J. ==================================== O.P(C) No.1162 of 2010 ==================================== Dated this the 15th day of December, 2010 J U D G M E N T Plaintiff in O.S. No.72 of 2010 of the court of learned Munsiff, Varkala seeks a direction for disposal of the applications for injunction. Petitioner filed that suit for a decree for prohibitory injunction to restrain respondent from conducting hotel business in the schedule room and moved an application for temporary injunction as well. Respondent filed O.S. No.63 of 2010 in the same court for a decree for injunction against petitioner trespassing into the schedule room or inducting strangers. Respondent also filed application for temporary injunction. Learned Munsiff directed parties to maintain status quo until evidence is recorded on the applications and same are disposed of. That order was challenged before leaned Sub Judge, Attingal in C.M. Appeals. In the meantime petitioner approached this Court in W.P(C) No.12952 of 2010. That Writ Petition was disposed of on 17.05.2010 directing disposal of the applications for injunction within one month from the date of judgment. Later, judgment in the Writ Petition was reviewed as per order dated 21.06.2010 in R.P.No.519 of 2010 on being pointed out that order of learned Munsiff is under challenge O.P(C) No.1162 of 2010 -: 2 :- in C.M. Appeals. This Court directed that directions in the judgment dated 17.05.2010 in W.P(C) No.12952 of 2010 will be subject to the directions if any issued by the learned Sub Judge in the C.M. Appeals. According to the petitioner the C.M. Appeals were disposed of directing learned Munsiff to decide the applications on the strength of affidavit and documents produced. But since no time limit was fixed by the learned Sub Judge, disposal of the applications is getting delayed. It is submitted by petitioner that all his articles kept in the schedule room were removed by the respondent. Learned counsel requests that learned Munsiff may be directed to dispose of the applications within a time frame. 2. Having regard to the facts and circumstances of the case and considering the rival claims made by parties as to possession it is needless to say that the applications for injunction are to be disposed of as early as possible. Learned Munsiff is directed to dispose of the applications for injunction giving it top priority without waiting for any order for time bound disposal. Original Petition is disposed of with the above direction. THOMAS P. JOSEPH, JUDGE. vsv