IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 26TH JULY 2011 / 4TH SRAVANA 1933 OP(C).No. 2395 of 2011(O) -------------------------------- CMA.3/2011 of DISTRICT COURT, MANJERI .................... PETITIONER --------------- T. KRISHNANUNNI, S/O. AMMUNIKUTTY WARASYAR, 3, SKYLINE GREENWOODS, PADAMUGAL, KOCHI -30. BY ADVS. SRI.M.GOPIKRISHNAN NAMBIAR SMT.MEENA.A. RESPONDENT(S): -------------------- 1. ABDULLA, S/O. MOHAMMED, CHOLAKKAL HOUSE, POST THVUUR, NILAMBUR TALUK, MALAPPURAM DISTRICT - 679 327. 2. KOYA, S/O. MOHAMMED, -DO- 3. T. RAVISANKAR, ADVOCATE, RECEIVER IN O.S 32/1967 SUB COURT, OTTAPALAM, POST OTTAPALAM, PALAKKAD DISTRICT - 679 101. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 26/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs O.P.(C). NO. 2395/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE PLAINT IN O.S. NO.22/2007 ON THE FILE OF THE COURT OF THE MUNSIFF OF MANJERI DATED 16/01/2007. P2: COPY OF THE WRITTEN STATEMENT FILED BY THE DEFENDANTS IN THE SUIT DATED 19/02/2007. P3: COPY OF I.A. NO.141/2009 IN O.S.32/1967 ON THE FILE OF THE COURT OF THE SUBORDINATE JUDGE OTTAPALAM ALONG WITH THE ORDER PASSED THEREON DATED 28/01/2009. P4: COPY OF I.A. NO.126/2009 IN O.S.22/2007 ON THE FILE OF COURT OF THE MUNSIFF OF MANJERI DATED 16/01/2009. P5: COPY OF THE CUNTER IN I.A. NO.126/2009 INO.S.22/2007 ON THE FILE OF COURT OF THE MUNSIFF OF MANJERI DATED 22/03/2009. P6: COPY OF THE ORDER OF THE COURT OF THE MUNSIFF OF MANJERI IN I.A.126/2009 DATED 17/01/2009. P7: COPY OF THE ORDER OF THE MUNSIFF COURT OF MANJERI IN I.A. 126/2009 IN O.S.22/2007 DATED 30/10/2010. P8: COPY OF THE MEMORANDUM OF APPEAL IN CMA 3/2011 BEFORE DISTRICT COURT, MANJERI DATED 01/01/2011. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs THOMAS P JOSEPH, J. ---------------------------------------- O.P(C).No.2395 of 2011 --------------------------------------- Dated this 26th day of July, 2011 JUDGMENT Petitioner is the second plaintiff in O.S.No.22 of 2007 of the Court of learned Munsiff, Manjeri and one of the appellants in C.M.A.No.3 of 2011 of the Court of learned District Judge, Manjeri. Petitioner and others filed a suit for prohibitory injunction against trespass and alternatively for recovery of possession of a portion of the suit property on the title they claimed. Respondents 1 and 2/defendants filed I.A.No.126 of 2009 in the suit presumably under Rule 1(a) of Order XXIX of the Code of Civil Procedure for an order of injunction to restrain petitioner and the third respondent from alienating the suit property. Learned Munsiff granted injunction as prayed for on that application. That order was challenged by petitioner and others in C.M.A.No.3 of 2011. Learned counsel submits that suit property is a portion of item No.15 of the C schedule in O.S.No.32 of 1967of the Sub Court, Ottappalam and that the said Court has allowed sale of the property through receiver. It is submitted that it was when the receiver took steps to sell the property that the order of injunction was served . In the O.P(C).No.2395 of 2011 -: 2 :- circumstance, the order of injunction is causing much inconvenience to the petitioner and others, it is contended. 2. This original petition is filed seeking a direction to the learned District Judge to dispose of C.M.A.No.3 of 2011 expeditiously. Learned counsel submits that all the contesting parties have entered appearance in the said appeal and what is required is only to hear the parties and dispose of the C.M appeal. Having regard to the circumstances stated, I am inclined to issue a direction. Resultantly this original petition is disposed of as follows: Learned District Judge, Manjeri before whom C.M.A.No.3 of 2011 is pending is directed to dispose of the C.M.Appeal expeditiously if the preliminary steps are over. Sd/- (THOMAS P JOSEPH, JUDGE) Sbna/-