IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 4TH JUNE 2008 / 14TH JYAISHTA 1930 WP(C).No. 16592 of 2008(A) -------------------------- OS.468/2005 of ADDL.MUNSIFF COURT,KOCHI .................... PETITIONER: ------------ MANOJ KUMAR, S/O.RAMAN, AGED 41 YEARS, RESIDING AT ANARIKATT, RAMESWARAM VILLAGRE, KOCHI TALUK BY ADV. SMT.B.V.ROSHINI SMT.K.T.LILLY @ LILLY JAMES RESPONDENTS: ------------- 1. DR.MALLINATHAN, S/O.KERALAVARMA THAMPURAN, RESIDING AT KOOTTUNKAL KOVILAKAM, KOKKOTHUMANGALAM, CHERTHALA (DIED) 2. XAVIER, CONTRACTOR, AGED 57 YEARS CHAKKALAKAL HOUSE, NEAR DLB QUARTERS, RAMESWARAM VILAGE, KOCHI TALUK 3. KAMALA DEVI, W/O.DR.MALINATHAN, RESIDING AT KOOTTUNKAL KOVILAKAM, KOKKOTHUMANGALAM, CHERTHALA. 4. MAYA VARMA, D/O.DR.MALLINATHAN, RESIDING AT KKOTTUNKAL DO.DO. 5. MANU VARMA, S/O.DR.MALINATHAN, DO. DO. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR, J. ........................................... WP(C).No. 16592 OF 2008 ............................................ DATED THIS THE 4th DAY OF JUNE, 2008 JUDGMENT Petitioner is the plaintiff in O.S. 468 of 2005 on the file of Additional Munsiff Court, Kochi. Suit was dismissed for default on 28.5.2008. Petitioner filed Ext.P3 petition on 2.6.2008 under Order IX of Rule 9 of Code of Civil Procedure to restore the suit. This petition is filed under Article 227 of Constitution of India for a direction to the Munsiff to dispose the said petition. Petitioner has also sought for a relief of interim injunction, restraining respondents from carrying out any construction of the compound wall on plaint B schedule property, till orders are passed in Ext.P3 petition. 2. Learned counsel appearing for petitioner was heard. The argument of the learned counsel is that under Ext.P1 order dated 27.10.2005, an order to maintain status quo as on the date of the Commissioner's report was passed by the court earlier and when suit was dismissed for default, that order is not available and meanwhile respondents are going on with the construction and therefore an order of injunction or an order to maintain status quo is to be passed. These are matters which are to be WP(C) 16592/2008 2 decided by learned Munsiff, as Ext.P3 petition is before that court. Suit would not have been dismissed for default, if the petitioner was diligent. In such circumstances, writ petition is disposed, directing Additional Munsiff, Kochi to dispose Ext.P3 petition as expeditiously as possible. Petitioner is at liberty to move the Munsiff for appropriate relief, till the disposal of the said application. Petition disposed accordingly. M.SASIDHARAN NAMBIAR, JUDGE lgk/-