IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 1ST JUNE 2010 / 11TH JYAISTHA 1932 WP(C).No. 16505 of 2010(O) -------------------------- CMA.12/2010 of DISTRICT COURT,KOZHIKODE OS.618/2009 of PRL.MUNSIFF COURT,.KOZHIKODE-I .................... PETITIONER --------------- SAKUNTHALA.M., W/O.SREENIVASAN ERADI, SREE NILAYAM, MORIKKARA P.O., PADINJATTUMURI AMSOM, KOZHIKODE TALUK AND DISTRICT. BY ADV. SRI.K.PRAVEEN KUMAR RESPONDENTS: --------------- 1. SRI.POTTAMMAL RIYAS, S/O.ABDURAHIMAN, POTTAMMAL HOUSE MOORIKKARA P.O., MAKKADA AMSOM, MOORIKKARA DESOM, KOZHIKODE. 2. SMT.SAFANIYA, W/O.PTTAMMAL RIYAS, RESIDING DO. 3. SRI.ENNIYACHALIL RASEEK, S/O.MOIDEEN, ENNIYACHALIL HOUSE, PUTHURVATTOM P.O., BALUSERY AMSOM, KOYILANDY TALUK, KOZHIKODE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- W.P.C.No.16505 of 2010 --------------------------------------- Dated this 01st day of June, 2010 JUDGMENT Learned counsel for petitioner seeks a direction to the learned District Judge for expeditious disposal of Ext.P6, application (I.A.No.694 of 2010) in C.M.A.No.12 of 2010 of that court. Petitioner filed O.S.No.618 of 2009 seeking a declaration that plaint A schedule lane is the common access for himself and respondent Nos.1 to 3 to their respective properties and that respondent Nos.1 to 3 have no exclusive right over the property. He filed I.A.No.4181 of 2009 for an order of temporary injunction but, that application was allowed only in part. Aggrieved, he filed C.M.A.No.12 of 2010 where he moved Ext.P6, application for temporary injunction. Grievance of petitioner is that Ext.P6, application has not been disposed of so far and the respondents are trying to put up compound wall. 2. Prayer of petitioner is to direct learned District Judge to dispose of Ext.P6, application. I make it clear that it is open to the petitioner to request learned District Judge stating reasons and urgency of the matter for expeditious disposal of C.M. Appeal, Ext.P6, application or, to pass appropriate interim orders on the W.P.C.No.16505 of 2010 : 2 : said application if circumstances warranted that. If any such request is made learned District Judge shall consider the same and pass appropriate orders considering urgency of the matter placed before learned District Judge. With the above direction the writ petition is disposed of. (THOMAS P JOSEPH, JUDGE) Sbna/-