IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 22ND FEBRUARY 2010 / 3RD PHALGUNA 1931 WP(C).No. 5709 of 2010(O) ------------------------------------- [CMA.NO.10/2009 OF DISTRICT COURT,KOLLAM, OS.NO.168/2008 OF MUNSIFF COURT, SASTHAMCOTTA] .................... PETITIONER: ------------------- ISHA BEEVI KUNJU,D/O.ALIKUNJU, AGED 71, VEDANTAYYATHU, THEKKETHIL, MANAKKARA MURI, SASTHAMCOTTA, KOLLAM DIST., BY ADVS. MR.K.S.MANU (PUNUKKONNOOR), MR.P.SREEKUMAR. RESPONDENTS: ------------------------ 1. JOSEPH J. ALPHONSE ANTONY, MANGALATHU VEEDU, MANAKKARA MURI, SASTHAMCOTTA, KOLLAM DISTRICT. 2. SUNI OF -DO- -DO-. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/02/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.BHAVADASAN, J. ------------------------------------- WP(C) No.5709 of 2010-O ------------------------------------- Dated 22nd February 2010 Judgment In this petition, filed under Article 227 of the Constitution of India, the petitioner seeks the following reliefs : “i. issue a direction to the Munsiff's Court, Sasthamcotta to dispose of Exts.P1, P4 and P5 suits within a stipulated time frame. ii. direct the District Court, Kollam to dispose of Exhibit P3 CMA 10/09 within a stipulated time frame.” 2. The petitioner filed OS No.168/08 (Ext.P1) before the Munsiff's Court, Sasthamcotta, seeking to restrain the defendants from trespassing into her property. Other consequential reliefs are also prayed for. It is stated that interim injunction was granted by the Court concerned. The respondents filed CMA No.10/09 before the District Court, Kollam against the said order, which is even now pending. While so, the petitioner filed OS No.132/09 before the Munsiff's Court, Sasthamcotta for a declaration WPC 5709/10 2 and for fixing the boundary on the western side of the plaint schedule property. A copy of the plaint in the said suit is produced as Ext.P4. The respondents also filed a suit as OS No.149/08 (Ext.P5) seeking certain reliefs against the petitioner and others. The petitioner herein was not made a party to the said suit. But, later she was impleaded as additional third defendant in the suit. The grievance raised by the petitioner in this Petition is that the pendency of the suits is causing a lot of difficulties to her. Therefore, she prays for early disposal of the suits. 3. This Court is given to understand that the pleadings in the aforementioned suits are complete and they are ripe for trial. It has to be noticed that Musiff's Court Sasthamcotta is a heavy Court. Whatever that be, the Munsiff's Court, Sasthamcotta shall endeavour to dispose of Exts.P1, P4 and P5 suits as early as possible, at any rate, within eight months from the date of receipt of a WPC 5709/10 3 copy of this Judgment. The Writ Petition is disposed of as above. P.BHAVADASAN, JUDGE sta WPC 5709/10 4