IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 30TH JULY 2010 / 8TH SRAVANA 1932 WP(C).No. 23986 of 2010(O) -------------------------- OS.216/2008 of MUNSIFF COURT,MUVATTUPUZHA .................... PETITIONER(S): --------------- RAJU JOHN @ ALIAS, AGED 46 YEARS, S/O.ULAHANNAN,PALAPURATHU HOUSE MARADY VILLAGE, KAYANATTUKARA,MUVATTUPUZHA, ERNAKULAM DISTRICT, REP.BY P/A/HOLDER PRASANA V., W/O.RAJU JOHN @ ALIAS,DO. DO. BY ADV. SRI.T.U.ZIYAD SMT.RAMEENA.P.K. SMT.C.B.ANURUPA RESPONDENT(S): --------------- 1. MR.BABY,S/O.VARKEY,AGED ABOUT 61 YEARS, PALAPPURATHU HOUSE,(VELAMMAVUDY HOUSE), KAYANATTUKARA,OORAMANA.P.O, MARADY VILLAGE, MUVATTUPUZHA, ERNAKULAM DISTRICT,PIN 686 730. 2. MR.ELDOSE,S/O.BABY,AGED ABOUT 33 YEARS,PALAPPURATHU HOUSE, (VELAMMAVUDY HOUSE),KAYANATTUKARA,OORAMANA.P.O, MARADY VILLAGE, MUVATTUPUZHA,ERNAKULAM DISTRICT , PIN 686 730. 3. MR.ELDOSE,S/O.BABY,AGED ABOUT 29 YEARS, PALAPPURATHU HOUSE,(VELAMMAVUDY HOUSE), KAYANATTUKARA,OORAMANA.P.O, MARADY VILLAGE, MUVATTUPUZHA,ERNAKULAM DISTRICT ,PIN 686 730. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- W.P.(C) No.23986 of 2010 -------------------------------------- Dated this the 30th day of July, 2010. JUDGMENT Petitioner is the plaintiff in O.S.No.216 of 2008 of the court of learned Munsiff, Muvattupuzha. That suit is filed against respondents seeking a decree for prohibitory injunction against trespass into the suit property and demolition of compound wall. Respondents filed written statement with a counter claim seeking injunction against petitioner in respect of the said property. Petitioner has filed replication in answer to counter claim. Earlier respondent filed Ext.P4, suit against petitioner seeking injunction but that suit was withdrawn with liberty to file a fresh suit. Now grievance of petitioner is that he has entered into Ext.P7, agreement with Shri K.P.Paily as per which the latter was permitted to conduct slaughter tapping and cut and remove rubber trees from the suit property. Period of that agreement expired on 16.06.2010. When the said Paily tried to exercise his right pursuant to Ext.P7, agreement respondents obstructed the same. Thereon petitioner filed Ext.P8, application (I.A.No.1131 of 2010) seeking injunction against respondents. Learned counsel states that though counsel were heard on the said application learned Munsiff has not been disposed of that application. Now request is to issue a direction to the learned Munsiff to dispose of that application within a time frame made by this Court. Having regard to the submission made by learned counsel and the urgency stated by WP(C) No.23986/2010 2 him, learned Munsiff is directed to dispose of Ext.P8, application in O.S.No.216 of 2008 as early as possible. Writ Petition is disposed of with the above direction. THOMAS P.JOSEPH, Judge. cks