IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 23RD SEPTEMBER 2011 / 1ST ASWINA 1933 OP(C).No. 769 of 2011(O) ------------------------------------- OS.NO. 303/2009 of PRL.MUNSIFF COURT, CHERTHALA .................... PETITIONER/ PETITIONER ---------------------------------------- M.K.KARITHIKEYAN, AGED 63 YEARS, S/O.LATE KARUNAKARAN, MANGALATH HOUSE, WARD NO.III,THURAVOOR PANCHAYATH THIRUMALABHAGOM P.O,CHERTHALA-688 540 BY ADV. SRI.K.B.DAYAL RESPONDENT(S): ---------------------------- BAVA KAMMATH, S/O.PADMANABHA KAMMATH, EDAKAZHIKKAL HOUSE,WARD NO.III THURAVOOR PANCHAYATH, THIRUMALABHAGOM P.O., CHETHALA-688540 BY THIS OP (CIVIL) HAVING COME UP FOR ADMISSIONON 23/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts OP(C)NO.769/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE PLAINT FILED BEFORE THE LEARNED PRINCIPAL MUNSIFF'S COURT, CHERTHALA, (O.S.NO.303/2009). P2 COPY OF THE MANDATORY INJUNCTION PETITION I.A.NO.1763/2009 FILEDIN O.S.NO.303/2009 BEFORE THE LEARNED PRINCIPAL MUNSIFF'S COURT, CHERTHALA. P3 COPY OF THE WRITTEN STATEMENT FILED BY THE DEFENDANT IN O.S.NO.303/2009. P4 COPY OF THE OBJECTION FILED IN I.A.NO.1763/2009 BY THE DEFENDANT. P5 COPY OF THE COMMISSION REPORT FILED IN O.S.NO.303/2009 BY THE ADVOCATE-COMMISSIONER. P6 COPY OF THE CERTIFIED COPY OF THE B-DIARY PROCEEDINGS IN O.S.NO.303/2009. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.S.TO.JUDGE sts THOMAS P.JOSEPH, J. ==================================== O.P(C) No.769 of 2011 ==================================== Dated this the 23rd day of September, 2011 J U D G M E N T Plaintiff in O.S. No.303 of 2009 of the court of learned Principal Munsiff, Cherthala is the petitioner before me requesting for a direction to the learned Munsiff to dispose of Ext.P2, application for mandatory injunction. Plaintiff sued the respondent for mandatory injunction and damages alleging that certain coconut trees slanting over the residential building of petitioner are likely to fall and cause damage. Petitioner filed Ext.P2, application for mandatory injunction to cut down the said coconut trees. Grievance of petitioner is that in spite of the Advocate Commissioner filing Ext.P5, report learned Munsiff has not so far disposed of Ext.P2, application. Hence the prayer of a direction for early disposal of the said application. 2. In Ext.P5, report it is stated that one coconut tree is slanting over the residential building of petitioner which may cause damage to the said building. Having regard to the circumstances stated I am not inclined to think that any direction as prayed for is necessary. However, having regard to the O.P(C) No.769 of 2011 -: 2 :- grievance of petitioner it is necessary that learned Munsiff disposed of the suit as early as possible. Original Petition is disposed of directing the learned Munsiff to dispose of the suit as early as possible considering the grievance of petitioner and the urgency pleaded by him. THOMAS P. JOSEPH, JUDGE. vsv