IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 29TH JUNE 2010 / 8TH ASHADHA 1932 WP(C).NO. 20226 OF 2010(O) -------------------------- OS.239/2006 OF MUNSIFF COURT,HARIPAD .................... PETITIONER(S): --------------- 1. SREE SUDARSANAPURAM DEVASWOM PUNNASSERI KARINGAMON ILLOM, ANARI CHERUTHANA VILLAGE, ALAPPUZHA DISTRICT. 2. SREE SUDARSANAPURAM DEVASWOM,REPRESENTED BY SUBRAMONIAN NAMBOOTHIRI, PUNNASSERI KARINGAMON ILLOM,ANARI CHERUTHANA VILLAGE, ALAPPUZHA DISTRICT. 3. SREE SUDARSANAPURAM DEVASWOM,REPRESENTED BY CHERIYA SUBRAMONIAN NAMBOOTHIRI,PUNNASSERI KARINGAMON ILLOM,ANARI CHERUTHANA VILLAGE, ALAPPUZHA DISTRICT. BY ADV. SRI.N.RATHEESH SMT.SUMA RATHEESH RESPONDENT(S): --------------- 1. SUBRAMONIAN NAMBOOTHIRI,S/O.VISHNU NAMBOOTHIRI,CHELIPPALLIL ILLOM, VEEYAPURAM VILLAGE, KARICHAL MURI ALAPPUZHA DISTRICT. 2. PRASANNA, W/O. VISHNU NAMBOOTHIRI, CHELIPPALLIL ILLOM, VEEYAPURAM VILLAGE, KARICHAL MURI,ALAPPUZHA DISTRICT. 3. VISHNU, S/O. VISHNU NAMBOOTHIRI, CHELIPPALLIL ILLOM, VEEYAPURAM VILLAGE, KARICHAL MURI,ALAPPUZHA DISTRICT. 4. PREETHA,D/O. VISHNU NAMBOOTHIRI, CHELIPPALLIL ILLOM, VEEYAPURAM VILLAGE, KARICHAL MURI,ALAPPUZHA DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== W.P(C) No.20226 of 2010 ==================================== Dated this the 29th day of June, 2010 J U D G M E N T Petitioners are plaintiffs in O.S.No.239 of 2006 of the court of learned Munsiff, Haripad, a suit for recovery of possession on the strength of title and injunction against trespass. According to the petitioners they filed application for temporary injunction apprehending that respondents might commit mischief in the suit property and for appointment of an Advocate Commissioner. Learned Munsiff allowed the application for appointment of Advocate Commissioner but no interim order has been passed on the application for injunction. That application (Ext.P3) is pending consideration even now with the possibility of respondents trespassing into and committing waste in the suit property. Prayer is to direct learned Munsiff to dispose of Ext.P3 application as expeditiously as possible. 2. There is no reason to think that learned Munsiff will unnecessarily prolong hearing of the application for injunction particularly as petitioners apprehend that respondents might commit waste in the suit property. In the circumstances I make it W.P(C) No.20226 of 2010 -: 2 :- clear that petitioners can request the learned Munsiff to dispose of the application for injunction at the earliest. If any such request is made there is no reason to think that learned Munsiff will not consider that request. Writ Petition is disposed of with the above observation. THOMAS P. JOSEPH, JUDGE. vsv