IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 6TH NOVEMBER 2008 / 15TH KARTHIKA 1930 WP(C).No. 32677 of 2008(M) -------------------------- AGAINST THE ORDER DATED 05/08/2008 IN IA. 1344 /2008 IN CMA.47/2008 of DISTRICT COURT, KOTTAYAM OS.325/2008 of PRL.SUB COURT,KOTTAYAM (IA. 1956 /2008) .................... PETITIONER(S): ------------------------ SAJINI JACOB, W/O. LATE P. JACOB THOMAS @ YACOOB, PUKADAYIL HOUSD, PANYIKAZHIPPU KARA, MUTTAMBALAM VILLAGE. BY ADV. SRI.RAJESH THOMAS SRI.JIJO JOSEPH RESPONDENT(S): --------------- 1. JACOB MATHEN, AGED 55 YEARS, PUCKADIYIL HOUSE, PANAYAKKAZHIPPU KARA, MUTTAMBALAM VILLAGE. 2. MATHEW P. MATHEN, PUCKADIYIL HOUSE, PANAYAKAZHIPPU KARA, MUTTAMBALAM VILLAGE. 3. VINEETH P. MATHEW (MINOR), REPRESENTED BY MATHEW P. MATHEN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = W.P.(c).No.32677 of 2008 = = = = = = = = = = = = = = Dated this the 6 th day of November, 2008 JUDGMENT Petitioner is the widow of one Jacob Thomas who died on 22.10.06. She has filed O.P.No.93 of 2007 before the District Court, Kottayam seeking a probate for the will executed by late Jacob Thomas on 24.05.06. The petitioner had also taken out notice to the kindred of deceased Jacob Thomas as the persons interested and those persons have lodged caveat opposing the grant of probate. The objectors thereafter filed a suit (O.S.No.325/2008) before the Sub Court, Kottayam seeking partition and separate possession of their shares over the properties covered by the Will. In the said suit as per Ext.P2 order passed in I.A.No.1769 of 2008, the respondents/plaintiffs have obtained temporary injunction restraining the petitioner herein from alienating the properties or from committing acts of waste in the property. The petitioner would allege that armed with the said order the respondent had approached the tenants of the petitioner and had asked them not to pay the rent to the W.P.(c).No.32677 of 2008 2 petitioner. Thereupon the petitioner filed I.A.No.1956 of 2008 before the Sub Court, Kottayam seeking clarification of the order for temporary injunction and the Sub Judge has passed Ext.P3 order dated 16.7.08 clarifying that Ext.P2 order of injunction does not preclude the petitioner from collecting rent from the tenant if they were paying rents to the petitioner. 2. The present grievance of the petitioner is that the respondent has filed an appeal against Ext.P3 clarificatory order before the District Court as C.M.A.No.47 of 2008 and as per Ext.P4 order dated 5.4.08 in I.A.No.1344 of 2008 in the said C.M.A they have obtained an interim stay of Ext.P3 order. 3. The petitioner would further allege that subsequently the learned District Judge has transferred CMA No.47 of 2008 to III Additional District Court, Kottayam where there is no Presiding Officer consequent on the Presiding Officer of that court having been appointed as the Enquiry Commissioner and Special Judge, Kottayam. 4. The prayer of the petitioner to set aside Ext.P4 order cannot be granted because the petitioner will have the opportunity to enter appearance and oppose I.A.No.1344 of W.P.(c).No.32677 of 2008 3 2008 in C.M.A.No.47/2008 filed by the respondent. The only direction that is warranted is to direct the District Judge to dispose of C.M.A.No.47/2008 expeditiously since the subject matter of the said C.M.Appeal is within a narrow compass. Accordingly, this writ petition is disposed of directing the District Judge to take up for consideration C.M.A.No.47/2008 and dispose of the same within one month of receipt of a copy of this judgement. In case the C.M,.A is pending before the Additional Court, having no Presiding Officer, the District Judge shall withdraw the same and hear the matter. Dated this the 6 th day of November, 2008. V. RAMKUMAR, JUDGE sj