IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 15TH JULY 2011 / 24TH ASHADHA 1933 OP(C).No. 1854 of 2011(O) ------------------------- OS.102/2011 of MUNSIFF COURT, KOTTARAKKARA .................... PETITIONER:- ------------------ T.T.RAJEEV, S/O.THANKAPPAN, THAMARAPALLI MADOM, EDAKKIDOM P.O., EDAKKIDOM MURI, KAREEPRA VILLAGE, KOTTARAKKARA TALUK. BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL SMT.P.SHYAMA RESPONDENTS:- --------------------- 1. SHAJI, S/O.PURUSHOTHAMAN, THANDASHAERIL (SHAJI BHAVAN), EDAKODU MURI, TRIPPALAZHIKOM P.O., EZHUKONE VILLAGE, KOTTARAKARA TALUK. 2. SUDARSANA BABU, S/O.RAGHAVAN, THANDASHERIL VEEDU, EDAKODU MURI, TRIPPALAZHIKOM P.O., EZHUKONE VILLAGE, KOTTARAKARA TALUK, KOLLAM DISTRICT, KOTTARAKARA. BY THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 15/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C).No. 1854 of 2011(O) APPENDIX PETITIONER'S EXHIBITS:- P1: COPY OF THE PLAINT IN OS.NO.102/2011 OF THE MUNSIFF'S COURT, KOTTARAKARA. P2: COPY OF IA.NO.619 OF 2011 IN OS.NO.102/2011. P3: COPY OF THE COMMISSIONER'S REPORT FILED IN OS.NO.102/11. P4: COPY OF THE COUNTER AFFIDAVIT FILED BY THE DEFENDANTS DTD.7.3.2011 IN IA.NO.619/11. P5: COPY OF THE CERTIFICATE ISSUED TO BDO, KOTTARAKARA. P6: COPY OF THE APPLICATION SUBMITTED BY THE RESIDENTS TO EZHUKONE GRAMA PANCHAYAT. P7: COPY OF THE COMMISSIONER'S REPORT FILED IN THE APPLICATION OF THE DEFENDANTS. P8: COPY OF THE COMPLAINT SUBMITTED BEFORE THE SUB INSPECTOR OF POLICE, EZHUKONE. P9: COPY OF THE COMPLAINT SUBMITTED BEFORE THE DEPUTY SUPERINTENDENT OF POLICE, KOTTARAKARA. P10: COPY OF THE APPLICATION FILED BY THE DEFENDANTS BEFORE THE MUNSIFF'S COURT, KOTTARAKARA. P11: COPY OF THE ADVANCE APPLICATION IA.NO.840/2011. P12: COPY OF THE ORDER PASSED BY THE MUNSIFF'S COURT, KOTTARAKARA IN IA.NO.840/2011. RESPONDENTS' EXHIBITS:- NIL. ( TRUE COPY ) PA TO JUDGE. Kvs/- THOMAS P. JOSEPH, J. = = = = = = = = = = = = OP(C).No.1854 of 2011. = = = = = = = = = = = = Dated this the 15th July, 2011. J U D G M E N T Plaintiff in OS.No.102 of 2011 of the court of learned Munsiff, Kottarakkara is the petitioner before me requesting a direction for early hearing of IA.No.619 of 2011. That is a suit filed by the petitioner for a decree for prohibitory injunction against respondents causing obstruction to the enjoyment of plaint B schedule which according to the petitioner is a way leading to the plaint A schedule belonging to him. According to the petitioner, respondents caused obstruction to the user of the plaint B schedule and thereon, he has instituted the suit. IA.No.619 of 2011 is filed for an order of a temporary injunction to which, learned counsel submits respondents had filed counter. But, for the last four months that application has not been heard and disposed of. It is the case of petitioner that respondents are causing obstruction to his using the plaint B schedule. It is OP(C).No.1854/2011. 2 submitted that there are two reports of the Advocate Commissioner on record. Learned counsel in the circumstances prayed for a direction to the learned Munsiff to dispose of IA.No.619 of 2011. 2. Having heard learned counsel I think that it is not proper to issue a direction for time bound disposal of the application without understanding the volume of work of the court below. But, the apprehension of petitioner requires attention. If IA.No.619 of 2011 has not been disposed of so far, it is only appropriate that learned Magistrate disposed of the same as early as possible if there is no legal impediment in doing so. 3. Hence learned Munsiff is directed to expedite disposal of IA.No.619 of 2011, if steps on that application are over and there is no legal impediment in its early disposal. The Original Petition is disposed of as above. THOMAS P. JOSEPH, (Judge) Kvs/-