IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 16TH JULY 2010 / 25TH ASHADHA 1932 WP(C).NO. 22277 OF 2010(O) ----------------------------------------- AGAINST THE ORDER IN IA.1306/2009 IN OS.124/2008 OF M.C.,PARAPPANANGADI .................... PETITIONER(S): ----------------------- PATTAYIKKAL PALLATHIL BALACHANDRAN S/O KRISHNAN NAIR, AGED 54 YEARS, THADAYIPARAMBIL HOUSE, VAZHAYOOR VILLAGE, PUTHUKKOD DESOM, AZHINJILAM AMSOM, ERNAD TALUK. BY ADV. SRI.T.SETHUMADHAVAN SRI.PUSHPARAJAN KODOTH SRI.K.JAYESH MOHANKUMAR SRI.P.M.KUNJIMOIDEENKUTTY SMT.ANJU P.NAIR RESPONDENT(S): ------------------------- ELLATH GOPALAKRISHNA PANICKER, S/O. PADMAVATHI AMMA, AGED 60 YEARS, 'GOPAVADAM', VAZHAYOOR VILLAGE, PUTHUKKOD DESOM, AZHINJILAM AMSOM, ERNAD TALUK. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== W.P(C) No.22277 of 2010 ==================================== Dated this the 16th day of July, 2010 J U D G M E N T Defendant in O.S. No.124 of 2008 of the court of learned Munsiff, Parappanangadi is the petitioner before me. That is a suit for injunction filed by the respondent against obstructing free flow of water through the bund lying east-west allegedly used by petitioner and others as a way. Petitioner filed I.A. No.1306 of 2009 seeking a mandatory injunction against respondent to remove certain alleged obstructions which blocked free flow of water. Grievance of petitioner is that the said application has not so far been taken up but the suit is listed for trial on 02.08.2010. 2. Since the suit is included in the list for trial on 02.08.2010 it is not necessary to issue any direction to dispose of I.A. No.1306 of 2009 before 02.08.2010. In case the suit is not being taken up for trial on 02.08.2010 and trial is prolonged for any reason whatsoever it is open to the petitioner to request the learned Munsiff to take up and dispose of I.A. No.1306 of 2009. W.P(C) No.22277 of 2010 -: 2 :- Writ Petition is closed with the above observation. THOMAS P. JOSEPH, JUDGE. vsv