IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 24TH NOVEMBER 2011 / 3RD AGRAHAYANA 1933 OP(C).No. 2575 of 2011(O) -------------------------------------- OS.506/2011 of I ADDITIONAL MUNSIFF COURT, ERNAKULAM. .................... PETITIONER ------------------ SURENDRAN, S/O.RAMAKRISHNAN, AGED 48 YEARS, NALUVEETTIL HOUSE, THIRUVANKULAM-682 305, ERNAKULAM DISTRICT. BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENT(S): -------------------------- KOCHURANI, W/O.JOHN, AGED 53 YEARS, KARIKULATH HOUSE, THIRUVANKULAM-682 305, ERNAKULAM DISTRICT. BY SRI.S.SREEKUMAR, SENIOR ADVOCATE, ADV. SRI.P.PRIJITH, SRI.ANEESH JAMES. THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 24/11/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs OP(C).No. 2575 of 2011(O) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE COMMISSION REPORT DATED 15/06/2011 IN I.A.3147/2011 IN O.S. NO.506/2011 OF I ADDL. MUNSIFF COURT, ERNAKULAM. EXT.P2: COPY OF THE COMMISSION REPORT DATED 24/06/2011 IN I.A.3353/2011 IN O.S. NO.506/2011 OF IST ADDL. MUNSIFF COURT, ERNAKULAM. EXT.P3: COPY OF THE I.A.3776/2011 FILED BY THE PETITIONER IN O.S. NO.506/2011 BEFORE THE 1ST ADDL. MUNSIFF COURT, ERNAKULAM. EXT.P4: COPY OF THE ORDER DATED 08/07/2011 IN I.A.3355/2011 IN O.S. NO.506/2011 OF MUNSIFF COURT, ERNAKULAM. EXT.P5: COPY OF THE CMA NO.57/2011 FILED BY THE PETITIONER BEFORE THE FILE OF DISTRICT COURT, ERNAKULAM. EXT.P6: COPY OF THE ORDER DATED 04/08/2011 IN I.A. NO.3591/2011 IN CMA NO.57/2011 OF 1ST ADDL. DISTRICT COURT, ERNAKULAM. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE rs THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.2575 of 2011 -------------------------------------- Dated this the 24th day of November, 2011. JUDGMENT Ext.P6, order on I.A.No.3591 of 2011 in C.M.A.No.57 of 2011 of the court of learned Additional District Judge-I, Ernakulam is under challenge. 2. Respondent filed the suit (O.S.No.506 of 2011 of the court of learned Additional Munsiff-I, Ernakulam) for prohibitory injunction against petitioner/5th defendant and other defendants constructing a compound wall and blocking the passage to plaint A schedule. Along with the suit respondent filed I.A.No.3147 of 2011 for an order of temporary prohibitory injunction. Learned Additional Munsff granted interim order of injunction as prayed for. According to the respondent, after the order of interim injunction was passed petitioner, in violation of the said order blocked the said passage. Thereon respondent filed I.A.No.3355 of 2011 for an order of mandatory injunction which the learned Additional Munsiff allowed by Ext.P4, order. In challenge of that, petitioner and other defendants filed C.M.A.No.57 of 2011 and sought stay of the impugned order by I.A.No.3591 of 2011. Learned Additional District Judge refused to grant stay. Hence this Original Petition. 3. I have heard learned counsel for petitioner and the respondent. OP(C)No.2575/2011 2 4. Now that the C.M.Appeal is admitted for hearing and the same is yet to be disposed of, it is only appropriate that until the C.M.Appeal is disposed of the order under challenge remained in abeyance. When this Original Petition came up for admission on 05.08.2011, this Court directed that execution of Ext.P4, order will stand in abeyance for a period of one month from that day. Petitioner was directed not to do any work on the basement as reported by the Advocate Commissioner in Ext.P2, report until further orders. The said order was being extended thereafter. 5. Having regard to the circumstances stated above and since learned Additional District Judge is yet to dispose of the C.M.Appeal, I am inclined to think that the interim order passed by this Court on 05.08.2011 should remain in force until the C.M.Appeal is disposed of. But having regard to the difficulties expressed by the respondent, it is necessary that the C.M.Appeal is disposed of as early as possible if preliminary steps are over. Resultantly this Original Petition is disposed of as follows: i. Learned Additional District Judge-I, Ernakulam is directed to dispose of C.M.A.No.57 of 2011 as early as possible if preliminary steps are over. OP(C)No.2575/2011 3 ii. It is directed that the interim order passed by this Court on 05.08.2011 will remain in force until the C.M.Appeal is disposed of. THOMAS P.JOSEPH, Judge. cks