IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 21ST OCTOBER 2010 / 29TH ASWINA 1932 OP(C).No. 403 of 2010(O) ------------------------ OS.901/2010 of MUNSIFF COURT,NEYYATTINKARA .................... PETITIONER(S): -------------------- K.BHASKARAN NADAR S/O.KUMARAN NADAR,AGED 65 YEARS, KIZHAKKARIKATHU PUTHEN VEEDU,PUNNAVILA, PULIMKUDI, MULLOOR PO,THIRUVANANTHAPURAM BY ADV. SRI.S.RAJEEV RESPONDENT(S): DEFENDANTS ------------------------- 1. BINU BHASKARAN, AGED 35 YEARS, S/O.BHASKARAN NADAR, S.G.NIWAS,NELLIKKUNNU,MULLOOR PO, THIRUVANANTHAPURAM-695 521. 2. SREELEKHA,D/O.OMANA,KINATTADI HOUSE, MANVILA, KULATHOOR PO,THIRUVANANTHAPURAM-695 583. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 21/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.403 of 2010 -------------------------------------- Dated this the 21st day of October, 2010. JUDGMENT Petitioner is the plaintiff in O.S.No.901 of 2010 of the court of learned Munsiff, Neyyattinkara. He filed the suit for a decree for prohibitory injunction against respondents, his son and daughter in law trespassing into the suit property and residing in the building thereon. It is his case that though respondents were staying with him and his wife in the residential building in the suit property, on respondent No.1 going abroad on 23.07.2008, respondent No.2 withdrew to her paternal home and after respondent No.1 returned from abroad on 19.08.2010 respondents tried to forcibly to stay in the building. Thereon he filed O.S.No.901 of 2010 and obtained an interim order of prohibitory injunction. Later, respondents are said to have forcibly trespassed into the building in the suit property in violation of the interim order. Petitioner filed Exts.P5 and P6, applications - I.A.Nos.6735 of 2010 and 6734 of 2010 to prosecute respondents and to appoint an Advocate Commissioner to ascertain the damage allegedly caused by respondents. Those applications are pending consideration. Hence this petition seeking a direction to the learned Munsiff to expedite the disposal of Ext.P5 and P6, applications. OP(C) No.403/2010 2 2. Having heard learned counsel for petitioner and gone through the records learned Munsiff, Neyyattinkara is directed to dispose of Exts.P5 and P6, applications if not already disposed of as early as possible. Petition is disposed of with the above direction. THOMAS P.JOSEPH, Judge. cks