IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 8TH APRIL 2010 / 18TH CHAITHRA 1932 WP(C).No. 12649 of 2010(O) --------------------------------------- [OS.NO.46/2010 OF MUNSIFF MAGISTRATE COURT,PERINTHALMANNA] .................... PETITIONER: ------------------- SYED FAZAL POOKOYATHANGAL, S/O.ABDULLA KOYATHANGAL, PARAKADAVATH VEEDU, MANJERI AMSOM, VAKKETHODI DESOM, ERNAD TALUK. BY ADVS. SRI.K.MOHANAKANNAN, SMT.A.R.PRAVITHA, SMT.D.S.THUSHARA. RESPONDENT: ---------------------- VALIYATHODI IBRAHIM, S/O.MAMMU,AGED 64, KULATHUR DESOM, MOORKANAD AMSOM, PERINTHALMANNA TALUK, MALAPPURAM. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/04/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.BHAVADASAN, J. ------------------------------------- WP(C) No.12649 of 2010-O ------------------------------------- Dated 8th April 2010 Judgment The limited prayer of the petitioner in this Writ Petition filed under Article 227 of the Constitution of India, is for a direction to the Munsiff's Court, Perinthalmanna to hear and dispose of Ext.P3 (IA No.254/10 in OS No.46/10) within a time limit to be fixed by this Court. 2. The petitioner is the plaintiff in OS No.46/10 which is a suit for permanent prohibitory injunction, restraining the defendant from altering the boundary of the plaint schedule property. Along with the plaint, the petitioner moved two applications, one for appointing an Advocate Commissioner and the other for interim injunction. Copies of the said applications are Exts.P2 and P3. An Advocate Commissioner was appointed and he has filed a report. WPC 12649/10 2 3. On 05.04.2010, it is stated that when the case was taken up, the counsel for the petitioner prayed for an order on Ext.P3 IA. But the Court below adjourned the case to 02.08.2010, stating that the defendant may file a written statement. The learned counsel for the petitioner submitted that the order passed by the Court below is unjustified. In the above circumstances, he approached this Court, praying for appropriate reliefs. 4. In the light of the order that is proposed to be passed in this Petition, it is felt that notice is unnecessary to the parties. If what the petitioner says is true, this Court can only say that it is unfortunate. The Writ Petition is disposed of directing the Munsiff's Court, Perinthalmanna to take up IA No.254/10 and dispose of the same in accordance with law after hearing both sides, in the first week after the re-opening of the court after the mid- summer vacation. P.BHAVADASAN, JUDGE WPC 12649/10 3 sta WPC 12649/10 4