IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 29TH SEPTEMBER 2010 / 7TH ASWINA 1932 OP(C).No. 97 of 2010(O) ----------------------- OS.214/1998 of MUNSIFF-MAGISTRATE COURT,MANNARKAD .................... PETITIONER ------------------------------ ABDUL RAHIMAN SAHIB, S/O.AHAMMOD, AGED 77 YEARS, PADINJAREKOTTAKKAKATH, PORIMBADARI, MANNARKKAD, PALAKKAD DISTRICT. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT(S): --------------- 1. GEORGE ANTONY, AGED 35 YEARS, S/O.ANTONY, VARITHOOKIL HOUSE, KANDANANGALAM, MANNARKKAD TALUK, PALAKKAD DISTRICT. 2. MATHEW ANTONY, AGED 35 YEARS, S/O.ANTONY, -DO- 3. SHINY, AGED 27 YEARS, S/O.TOMY ANTONY, VARITHOOKIL HOUSE, KOTTOPADAM VILLAGE, NO.III, MANNARKKAD TALUK, PALAKKAD DISTRICT. 4. VINCENT ANTONY, AGED 26 YEARS, S/O.ANTONY, VARITHOOKIL HOUSE, KUMOROMPUTHUR VILLAGE, MANNARKKAD TALUK, PALAKKAD DISTRICT. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 29/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.97 of 2010 -------------------------------------- Dated this the 29th day of September, 2010. JUDGMENT Petitioner is the owner of a quarry . When quarrying operations were about to start respondents filed O.S.No.214 of 1998 for a decree for prohibitory injunction and the learned Munsiff-Magistrate, Mannarkkad passed an interim order of injunction which is in force even now. Learned counsel states that even after lapse of nine years the Advocate Commissioner has not submitted his report and it is being prolonged for one reason or the other. Since petitioner is suffering huge loss on account of order of injunction he filed I.A.No.211 of 2010 for early disposal of suit. But that application is also being adjourned from time to time. That causes substantial injury to the petitioner. Hence this petition seeking a direction for early disposal of the suit. 2. It is seen that the suit is filed in the year 1998 and petitioner is suffering an order of temporary injunction. The suit is required to be disposed of at the earliest. Learned Munsiff shall issue necessary directions to the Commissioner to submit the report at the earliest if it is not already submitted. Having regard to the facts stated learned Munsiff-Magistrate is directed to expedite the trial and disposal of the suit giving it top priority without waiting for any direction for time bound disposal. (OP(C) No.97/2010 2 Resultantly this Original Petition is disposed of with the above direction. THOMAS P.JOSEPH, Judge. cks