IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 11TH APRIL 2011 / 21ST CHAITHRA 1933 FAO.No. 379 of 2010() --------------------- AGAINST THE ORDER DATED 29-10-2010 IN IA 1494/2010 IN AS.218/2010 of II ADDL. DISTRICT COURT, PALAKKAD .................... APPELLANTS/PETITIONERS/RESPONDENTS 1 AND 2. ------------------------------ 1. ANGATHL, W/O.NANCHAPPA KOUNDER, VALLITHODU KALAM, THEKKECHALLA,NATTUKAL POST, VALIYAVALLAMPATHY VILLAGE,KOZHINJAMPARA, CHITTUR TALUK, PALAKKAD DISTRICT. 2. RADHAKRISHNAN, S/O.ANGATHAL, VALLITHODU KALAM, THEKKECHALLA,NATTUKAL POST, VALIYAVALLAMPATHY VILLAGE,KOZHINJAMPARA, CHITTUR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.SAJAN VARGHEESE K. SRI.LIJU. M.P RESPONDENT/RESPONDENTS/APPELLANTS & 3RD RESPONDENT.: --------------- 1. PAZHINISWAMY, S/O.LATE KUPPANNA KOUNDER, THEKKECHALLA, NATTUKAL POST, VALIYAVALLAMPATHY VILLAGE, KOZHINJAMPARA, CHITTUR TALUK,PALAKKAD DISTRICT. 2. VELLINGIRI, S/O.LATE KUPPANNA KOUNDER,THEKKECHALLA, NATTUKAL POST, VALIYAVALLAMPATHY VILLAGE, KOZHINJAMPARA,CHITTUR TALUK,PALAKKAD DISTRICT. 3. KANNAMMAL @ VANJIYAMMAL D/O. LATE KUPPANNA KOUNDER,THEKKECHALLA, NATTUKAL POST, VALIYAVALLAMPATHY VILLAGE, KOZHINJAMPARA,CHITTUR TALUK,PALAKKAD DISTRICT. ADV. SRI.P.K.MOHANAN(PALAKKAD) FOR R1 THIS FIRST APPEAL FROM ORDERS HAVING COME UP FOR ADMISSION ON 11/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: HARUN-UL-RASHID,J. ------------------------------- F.A.O. NO.379 OF 2010 ------------------------------- DATED THIS THE 11TH DAY OF APRIL, 2011 JUDGMENT Appellants are the petitioners in I.A.No.1494/2010 in A.S.No.218/2010 on the file of the District Court, Palakkad and are the respondents in A.S.No.218/2010. They are the plaintiffs in the suit. 2. The said I.A.No.1494/2010 was partly allowed, which is under challenge in this appeal. The Appellate Court passed an interim order of injunction preventing the respondents in the IA in any way obstructing the petitioners from entering the plaint schedule area. The suit was filed for partition of the plaint schedule property having an extent of 3.70.84 acres. The suit was decreed by judgment and decree dated 19/6/2010 by which half share was allotted to the 2nd petitioner in the IA. 3. The appeal is pending since 2010. Without going into the merits of the contentions of the parties and the legality of -2- F.A.O.No.379/2010 the impugned order, this Court is of the view that this appeal can be disposed of directing the District Court, Palakkd to dispose of A.S.No.218/2010 within a time frame. Accordingly a direction is issued to the District Court, Palakkad to dispose of the appeal within a period of five months from today. 4. The learned Judge observed that the applicants can avail water from the plaint schedule area by any other means than by using motor pumps as to draw water from the well found in existence within the plaint schedule area. The parties were present today in chambers. I talked to the parties for an interim arrangement till the disposal of the appeal. The parties are unable to settle the disputes even for the temporary period, i.e. till the disposal of the appeal, which this Court directed to be disposed of within five months. The parties also submit that during rainy season there is no necessity to draw water from the well. The present dispute is regarding the right to draw water from the well. The rainy season commences from every June. So the requirement -3- F.A.O.No.379/2010 of water for the purpose of irrigation at present is only only for a period of about two months. The parties are directed to share the water from the well. The applicants in IA can draw water from the well on alternate days. Similarly the respondents in IA can draw water on the following day. This arrangement shall commences from 14th April, 2011. April, 14 is the turn of respondents in IA and April 15th is that of the petitioners. The average electricity charges per month is Rs.300/-. The applicants in IA 1494/2010 shall pay Rs.150/- to the respondents on or before the 5th of every month. For the month of April also the applicants shall pay Rs.150/- to the respondents on or before the 5th of May, 2011. This temporary arrangement shall continue till the disposal of the appeal by the Appellate Court. Appeal is disposed of as above. Sd/- HARUN-UL-RASHID, Judge. kcv.