IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 21ST DECEMBER 2011 / 30TH AGRAHAYANA 1933 OP(C).No. 4219 of 2011(O) ------------------------- OS.405/2006 of MUNSIFF COURT,CHENGANNUR .................... PETITIONERS: -------------------- 1. ABRAHAM, S/O. IDIKKULA, AGED 72YEARS, MADAPLETH THEKKETHIL HOUSE, VENMONY VILLAGE, VENMONY POST, CHENGANNUR. 2. GRACY MATHEW, W/O. ABRHAM, AGED 68 YEARS, MADAPLETH THEKKETHIL HOUSE, VENMONY VILLAGE, VENMONY POST, CHENGANNUR. BY ADV. SRI.KOSHY GEORGE RESPONDENT(S): ------------------------ 1. ABRAHAM UMMEN, S/O. GEEVARGHESE UMMEN, AGED ABOUT 52 YEARS, ILANGATHIL VADAKKEPURAYIL HOUSE, ERAM MURI, VENMONY VILLAGE,VENMONY POST,CHENGANNUR-689509. 2. UMMEN CHACKO, AGED ABOUT 68 YEARS, ILANGATHIL HOUSE, ERAM MURI, VENMONY VILLAGE, VENMONY POST, CHENGANNUR-689509. 3. VARGHESE KOSHY, AGED ABOUR 61 YEARS, ALUM MOOTTIL HOUSE,ERAM MURI, VENMONY VILLAGE,VENMONY POST,CHENGANNUR-689509. 4. THOMAS KOSHY, AGED ABOUT 55 YEARS, ALUM MOOTTIL LIBI BHAVAN,ERAM MURI, VENMONY VILLAGE,VENMONY POST,CHENGANNUR-689509. 5. KOSHY ABRAHAM, AGED ABOUT 48 YEARS, ALUMMOOTTIL HOUSE, ERAM MURI, VENMONY VILLAGE,VENMONY POST,CHENGANNUR-689509. 6. GEEVARGHESE JOHN, AGED ABOUT 81 YEARS, ILANGATHIL PUTHENVEETTIL,ERAM MURI, VENMONY VILLAGE,VENMONY POST,CHENGANNUR-689509. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 21/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: STK OP(C).No. 4219 of 2011 APPENDIX PETITIONER(S) EXHIBITS EXT.P1 TRUE COPY OF THE JUDGMENT IN S.A 642/98 DATED 5-11-98 OF THE HONBLE HIGH COURT OF KERALA. EXT.P2 TRUE COPY OF THE DECEREE IN O.S. 90/82 DATED 5-8-2000 OF THE MUNSIFF COURET, CHENGANNUR. EXT.P3 TRUE COPY OF B-DIARY PROCEEDINGS IN O.S. 405/2006 PENDING BEFORE THE MUNSIFF COURT, CHENGANNUR. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// P A TO JUDGE STK THOMAS P.JOSEPH, J. ==================================== O.P(C) No.4219 of 2011 ==================================== Dated this the 21st day of December, 2011 J U D G M E N T Petitioners are the plaintiffs in O.S. No.405 of 2006 of the court of learned Munsiff, Chengannur. That is a suit for fixation of boundary and injunction. Grievance of petitioners is that though the suit is of the year, 2006 it has not so far been disposed of. Hence it is prayed that a direction may be issued to the learned Munsiff to dispose of the suit early. 2. Exhibit P3 is the copy of B diary. It is seen that once the case was sent to the Adalath for settlement. It took time and it was reported that there was no settlement. It is also seen that learned Munsiff is attending to the cases of Judicial First Class Magistrate-I, Chengannur also and several days have been utilised to attend to that work. In such a situation I am not inclined to direct a time bound disposal of the suit. Petitioners can urge their grievance before the learned Munsiff and having regard to the circumstances stated learned Munsiff shall try whether in the available time the case of petitioners could be listed for trial. Original Petition is disposed of with the above observation. THOMAS P. JOSEPH, JUDGE. vsv