IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH SATURDAY, THE 18TH OCTOBER 2003 / 26TH ASWINA, 1925 OP(C).No. 3352 of 2011(O) ------------------------- AGAINST THE ORDER DATED 07/07/2011 IN IA.5783/2011 IN OS.1447/2010 OF SUB COURT,THRISSUR .................... PETITIONERS: ------------------------ 1. TATA TELE SERVICES LTD. REPRESENTED BY ITS MANAGER(LEGAL) HAVING ITS REGISTERED OFFICE AT TOWER NO.1, 10TH FLOOR, JEEVAN BHARATHI, 124, CONNAUGHT CIRCUS, NEW DELHI HAVING ITS CIRCLE OFFICE AT SL PLAZA, PALARIVOOTTAM, COCHIN-682 025. 2. WIRELESS TT INFO SERVICES LTD. NOW KNOWN AS VIOM NET WORK LTD. REPRESENTED BY ITS DEPUTY MANAGER, LEGAL,SANTHOSHKUMAR.M.,REGISTERED OFFICE AT 5TH FLOOR,KLK ESTATE, FATEH MAITHAN ROAD, HYDERABAD-500 001, HAVING ITS CIRCLE OFFICE AT J & CO. CHAMBERS, MANIMALA, EDAPPALLY. BY ADVS. SRI.E.K.NANDAKUMAR, SRI.K.JOHN MATHAI, SRI.P.BENNY THOMAS, SRI.P.GOPINATH MENON, SRI.JOSON MANAVALAN. RESPONDENT(S): ---------------------------- BHARATHAKSHEMAM EDUCATIONAL TRUST, BHARATHAKSHEMAM BUILDING, ST. THOMAS COLLEGE ROAD, EAST FORT.P.O., THRISSUR-680 005. REPRESENTED BY ITS MANAGING TRUSTEE P.M.THOMAS. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 18/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss OPC.NO.3352/2011 O APPENDIX PETITIONER'S EXHIBITS: EXT.P1 THE TRUE COPY OF THE PLAINT DATED 27-9-2010 FILED BY THE RESPONDENT AS O.S. NO.1447 OF 2010 BEFORE THE SUBORDINATE JUDGES COURT, THRISSUR. EXT.P2 THE TRUE COPY OF I.A. NO.9363 OF 2010 IN O.S. NO.1447 OF 2010 ALONG WITH THE AFFIDAVIT DATED 27-9-2010 FILED BY THE RESPONDENT BEFORE THE SUB COURT, THRISSUR. EXT.P3 THE TRUE COPY OF THE COUNTER AFFIDAVIT DATED 3-2-2011 FILED BY THE PETITIONERS AGINAST EXHIBIT P2 APPLICATION. EXT.P4 THE TRUE COPY OF I.A. NO.5783/2011 IN O.S. NO.1447 OF 2010 DATED 7-7-2011 FILED BY THE PETITIONERS BEFORE THE SUBORDINATE JUDGES COURT, THRISSUR. RESPONDENTS' EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss THOMAS P.JOSEPH, J. ==================================== O.P(C) No.3352 of 2011 ==================================== Dated this the 18th day of October, 2011 J U D G M E N T Petitioners are the defendants in O.S. No.1447 of 2010 of the court of learned Sub Judge, Thrissur. Respondent filed that suit for recovery of damages for (alleged) unauthorized occupation of the suit property. The telecommunication equipments which were kept in the suit property were sought to be attached by Ext.P2, application. On that application (Ext.P2), learned Sub Judge issued notice to the petitioner. Petitioner filed Ext.P3, objection. Later petitioner filed Ext.P4, application dated 07.07.2011 to permit petitioner furnish security for the plaint claim so that it could remove the telecommunication equipments sought to be attached as per Ext.P2, application. Grievance of petitioner is that since Exts.P2 and P4, applications are pending, petitioner is not able to remove the telecommunication equipments from the suit property which is causing much inconvenience and loss to the petitioner. It is therefore prayed that learned Sub Judge may be directed to dispose of Exts.P2 and P4, applications. 2. Having regard to the grievance of petitioner I consider O.P(C) No.3352 of 2011 -: 2 :- it proper that Exts.P2 and P4, applications are disposed of as early as possible. Learned counsel submitted that petitioner is not pursuing Ext.P3, objection. That submission is recorded. Resultantly, this Original Petition is disposed of directing learned Sub Judge, Thrissur to dispose of Exts.P2 and P4, applications in O.S. No.1447 of 2010 having regard to the grievance of petitioner, as early as possible. THOMAS P. JOSEPH, JUDGE. vsv