IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 9TH JANUARY 2008 / 19TH POUSHA 1929 WP(C).No. 1083 of 2008(D) ------------------------------------- OS.625/2002 of MUNSIFF COURT, THIRUVALLA .................... PETITIONERS: ------------------ 1. NARAYANAN NAMBOOTHIRI, S/O. LATE DAMODARAN NAMBOOTHIRI,MAMPATTA ILLAM, EAST OTHARA MURI, ERAVIPEROOR VILLAGE, THIRUVALLA TALUK. 2. SREEKUMARA SHARMA, S/O.NARAYANAN NAMBOOTHIRI, EMPLOYED AT CONSUMER FEDERATION,RESIDING AT MAMPATTA ILLAM, (SREEBHAVAN)EAST OTHARA MURI, ERAVIPEROOR VILLAGE, THIRUVALLA TALUK. 3. MADHUSOODANA SHARMA, S/O.NARAYANAN NAMBOOTHIRI, TEMPLE PRIEST,RESIDING AT MAMPATTA ILLAM, (MANIDEEPAM)DO....DO...... 4. PURUSHOTHAMA SHARMA S/O.NEELAKANTAN NAMBOOTHIRI, DO...DO.... 5. UNNIKRISHNAN NAMBOOTHIRI, S/O.NEELAKANTAN NAMBOOTHIRI, TEMPLE PRIEST,RESIDING AT MAMPATTA ILLAM DO..DO... 6. M.N.THRIVIKRAMAN NAMBOOTHIRI, S/O.NEELAKANTAN NAMBOOTHIRI, MAMPATTA ILLAM DO...DO..... BY ADV. SRI.P.HARIDAS RESPONDENTS: ----------------------- 1. SREE DURGA KSHETHRA SAMRAKSHANA SAMITHI PUTHUKULANGARA, OTHARA, BRANCH NO.1628 UNDER THE KERALA KSHETHRA SAMRAKSHANA SAMITHI,REPRESENTED BY ITS PRESIDENT P.K.NARAYANA PILLAI,S/O.KUTTAN PILLAI, PANNIVIZHA HOUSE,EAST OTHARA MURI, ERAVIPEROOR VILLAGE, THIRUVALLA TALUK. W.P.(C) NO.1083/2008 2. SREE DURGA KSHETHRA SAMRAKSHANA SAMITHI PUTHUKULANGARA, OTHARA, BRANCH NO.1628 UNDER THE KERALA KSHETHRA SAMRAKSHANA SAMITHI,REPRESENTED BY ITS SECRETARY P.K.GOPALAKRISHNAN NAIR S/O.GOVINDA PILLAI,PANNIVIZHA HOUSE,EAST OTHARA MURI ERAVIPEROOR VILLAGE, THIRUVALLA TALUK. 3. SREE DURGA KSHETHRA SAMRAKSHNA SAMITHI AND CHARITABLE SOCIETY NO.P. 129, EAST OTHARA, REP.BY ITS PRESIDENT K.V.DIVAKARAN PILLAI, S/O. VASUDEVAN PILLAI, KEEZHETHARAYIL HOUSE, EAST OTHARA MURI, ERAVIPEROOR VILLAGE, THIRUVALLA TALUK. 4. SREE DURGA KSHETHRA SAMRAKSHANA SAMITHI AND CHARITABLE SOCIETY NO.P. 129, EAST OTHARA, REP.BY ITS SECRETARY P.S. PRADOSH KUMAR, S/O. SREEDHARA PANICKER, RESIDING AT PAYIKKATTU HOUSE, EAST OTHARA MURI, ERAVIPEROOR VILLAGE, THIRUVALLA TALUK. 5. SREE DURGA KSHETHRA SAMRAKSHANA SAMITHI AND ` CHARITABLE SOCIETY NO.P.129, EAST OTHARA, REP.BY ITS TREASURER, M.N.KESHAVAN NAIR, KEERIKKATTU HOUSE, EAST OTHARA MURI, ERAVIPEROOR VILLAGE, THIRUVALLA TALUK. 6. SREE DURGA KSHETHRA SAMRAKSHANA SAMITHI AND CHARITABLE SOCIETY NO.P. 129, EAST OTHARA REP.BY ITS VICE PRESIDENT T.S.SURESHKUMAR, THEKKETHOMPADATHU, EAST OTHARA, EAST OTHARA MURI, ERAVIPEROOR VILLAGE, THIRUVALLA TALUK. 7. SREE DURGA KSHETHRA SAMRAKSHANA SAMITHI AND CHARITABLE SOCIETY NO.P. 129, EAST OTHARA, REP.BY EXECUTIVE COMMITTEE MEMBER, G.SURESHKUMAR @ SOMAN, S/O. GOPALA PANICKER, K.S.E.B. EMPLOYEE, RESIDINT AT KANDANATTIL HOUSE, EAST OTHARA MURI, ERAVIPEROOR VILLAGE, THIRUVALLA TALUK. 8. K.P.RADHAKRISHNAN NAIR, S/O PARAMESWARAN PILLAI, CO- OPERATIVE EMPLOYEE , PANNIVIZHA PARAMESWAR, EAST OTHARA, ERAVIPEROOR VILLAGE, THIRUVALLA TALUKK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 1083 OF 2008 = = = = = = = = = = = = = = = Dated this the 9th day of January, 2008. J U D G M E N T This writ petition is preferred for a direction to the District Court, Pathanamthitta to dispose of O.P.(TP)12/07 in accordance with law within a time frame. Earlier there was a round of litigation against the orders of injunction and while disposing of the same on 27.11.07 this Court directed the trial court to dispose of the matter within a period of four months. Meanwhile it is submitted now that a suit is pending before the Subordinate Judge, Thiruvalla to frame a scheme and it is averred that the subject matter in both the suits are one and the same and therefore a transfer petition is filed before the District Court, Pathanamthitta to transfer the case from the Munsiff Court to the Subordinate Court for joint trial and disposal. Since the transfer petition is pending consideration before the District Judge, Pathanamthitta it may not be right on the part of this Court to pass any orders on the same and therefore I direct the District Judge, W.P.C 1083 OF 2008 -:2:- Pathanamthitta to dispose of O.P.(TP)12 of 2007 within a period of one month from today and both the parties are permitted to move this Court for appropriate direction regarding the time bound disposal that has been ordered by this Court on 27.11.07. Till the transfer O.P. is not yet disposed of, the learned Munsiff is directed not to proceed with the trial of the case pending before it. The writ petition is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-