IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN THURSDAY, THE 4TH DECEMBER 2008 / 13TH AGRAHAYANA 1930 WP(C).No. 35689 of 2008(W) -------------------------- OS.147/2008 of MUNSIFF COURT, DEVICOLAM .................... PETITIONERS: --------------- 1. BOVAS, S/O.LASSER, KEEPPANASSERIL HOUSE, THRIKKALATHUR KARA MADAVOOR VILLAGE, MUVATTUPUZHA TALUK ERNAKULAM DISTRICT. 2. BABY,S/O. CHANDY KOORPILLIL HOUSE, MADHURAPPILLI KARA KOTHAMANGALAM VILLAGE,KOTHAMANGALAM TALUK ERNAKULAM DISTRICT. BY ADV. SRI.T.KRISHNAN UNNI (SR.) SRI.SAJU.S.A RESPONDENTS: --------------- 1. RANGE OFFICER, MARAYOOR MARAYOOR KARA, DEVIKULAM TALUK, IDUKKI DISTRICT. 2. STATE OF KERALA RERPESENTED BY THE CHIEF SECRETARY GOVERMENT OF KERALA, THIRUVANANTHAPURAM. BY GOVT. PLEADER SMT. R. BINDU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. BALACHANDRAN, J. ------------------------------- W.P(C) No.35689 OF 2008-W ------------------------------- Dated this the 4th December, 2008. JUDGMENT Heard counsel for the petitioner. Govt. Pleader submits that she did not get any instructions in the matter from the respondents. 2. The grievance of the petitioner is that the court below is not considering and passing orders as the respondents who are the defendants in the case and who have entered appearance is getting the case adjourned for filing counter and written statement and that in the meanwhile they are trying to take forcible possession of the disputed plot. 3. Through the Registry, report has been got down from the Munsiff's Court, Devikulam wherein it is stated that the Presiding Officer is undergoing training in the High Court and so there is no regular sitting on all days and the Munsiff, Adimaly is put in charge and he is holding sitting only on Tuesdays on which day all civil and criminal cases which require urgent orders will be posted there and no matter which requires detailed consideration is being taken up. Counsel for the petitioner asserts that even as on this day no WPC 35689/2008 2 counter had been filed by the respondents to the injunction petition filed in the court below. In the circumstances I order that the respondents shall file counter positively within ten days from today and in case no counter is so filed the court below shall grant ex parte interim injunction so that the matter can be considered on merits when the respondents come forward filing counter at their convenience. It is further ordered that the petitioners and the respondents shall maintain status quo till appropriate orders are passed by the Munsiff on the injunction petition filed in the court below. This writ petition is disposed of with the above directions. K.P.BALACHANDRAN JUDGE jj