IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN TUESDAY, THE 16TH FEBRUARY 2010 / 27TH MAGHA 1931 WP(C).No. 4858 of 2010(O) ------------------------------------- PETITIONER: ------------------- SR. DR. EMILIA, MOTHER SUPERIOR, BASALEL CONVENT, SHOORANADU P.O, KOLLAM-690 522. BY ADVS. MR.VIVEK VARGHESE P.J, MR.VARUGHESE M.EASO, MR. VINOD JOSEPH.P.J. RESPONDENT: ---------------------- REV.SR.PHEBA, BASALEL M.M.II CENTRAL SCHOOL, SHOORANADU P.O, KOLLAM. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/02/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P. BHAVADASAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C). No. 4858 of 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of February, 2010. JUDGMENT This is a petition filed under Article 227 of the Constitution of India seeking a direction to the court below to hear and dispose of I.A. 1305 of 2009 in O.S. 333 of 2009 pending before the Munsiff's Court, Sasthamkotta. 2. In the light of the order that is proposed to be passed, it is unnecessary to issue notice the respondent. 3. Petitioner is the defendant in O.S. 333 of 2009 on the file of the Munsiff's Court, Sasthamkotta. According to the petitioner in I.A. 1305 of 2009, an application for temporary injunction, an ex-parte order was granted. Petitioner would say that he entered appearance and filed counter to the application filed by WPC.4858/2010. 2 the petitioner, and sought an early hearing and disposal of the application on merits. 4. The complaint of the petitioner is that the I.A. is being simply adjourned for no justifiable reasons. According to the petitioner, the order, which is in force, injuriously affects her. Therefore, it is prayed that there may be a direction to hear the I.A. at the earliest. 5. The prayer seems to be just and reasonable. If an ex-parte order of injunction is granted, the matter ought to have been heard within thirty days. Whatever that be, since the petitioner filed a counter affidavit and has sought for hearing, the court below ought to have heard the matter. Therefore, there will be a direction to the court below to take up I.A.1305 of 2009 in O.S. 333 of 2009 on 22.2.2010, the date on which it is posted for appearance of the parties, and dispose of the same within three weeks from the date of hearing of the petition. WPC.4858/2010. 3 The writ petition is disposed of as above. Send a copy of this judgment to the court concerned forthwith. P. BHAVADASAN, JUDGE sb.