IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 4TH DECEMBER 2006 / 13TH AGRAHAYANA 1928 WP(C).No. 32082 of 2006(T) -------------------------- AGAINST THE ORDER IN IA. 2845/2006 IN OS.457/2006 of ADDL.M.C.,KOZHIKODE-II .................... PETITIONER: ------------ M.P.BASHEER, S/O.AHAMMED KUNHI, PUTHIYARAKKAL ELAMBILASSERY, KUNNAMANGALAM AMSOM AND DESOM, KOZHIKODE TALUK. BY ADV. SRI.T.SETHUMADHAVAN SRI.PUSHPARAJAN KODOTH SRI.K.JAYESH MOHANKUMAR RESPONDENTS: ------------- M.P.ABDURAHIMAN, S/O.MUHAMMED HAJI, PUTHIYAPURAYIL, THAZHEKKODE AMSOM AND DESOM, KOZHIKODE TALUK. BY // THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/12/2006, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. ------------------------------------------ W.P.(C) .NO. 32082 OF 2006 ------------------------------------------ Dated 4th December 2006 JUDGMENT Petitioner is first defendant in O.S.457/2006 on the file of Munsiff court-II, Kozhikode. Respondent is the plaintiff. Respondent in the suit filed I.A.2845/06, an application under Order XXXIX Rule 1 of Code of Civil Procedure for an order of temporary injunction. Petitioner and other defendants were restrained from doing any quarrying operation or blasting of granite stones in the plaint B schedule property, without obtaining proper and valid license or permission from the statutory authorities as per rules till disposal of I.A.2845/06. According to learned counsel appearing for petitioner, petitioner has already filed Ext.P2 objection and sought vacation of the order of injunction, but learned Munsiff has not disposed I.A.2845/06. This petition is filed under Article 227 of Constitution of India to call for the records in I.A.2845/06 and to set aside the same. 2 2. Ext.P1 order passed in I.A.2845/06 is an appealable order. Therefore Article 227 of Constitution of India cannot be invoked to set aside that order. Grievance of petitioner is that Munsiff has not disposed I.A.2845/06 on merits. As provided under Order XXXIX Rule 3A, once an ex-parte order of injunction was granted, learned Munsiff is bound to dispose the application within 30 days. Learned Munsiff is directed to dispose I.A.2845/06, as expeditiously as possible and in any event within one month from the date of receipt of copy of this judgment. Writ petition is disposed of accordingly. M.SASIDHARAN NAMBIAR, JUDGE. uj.