IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 10TH DECEMBER 2010 / 19TH AGRAHAYANA 1932 OP(C).No. 1092 of 2010(O) ------------------------- PETITIONERS: ------------------------- 1. SENMON PHILIP, AGED 42 YEARS, S/O.KOCHUKUNJU, RESIDING AT NELLUVELIL HOUSE, SURVEY NO.196/2.7, NARANGANAM VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT. 2. SHEEJA SENMON, AGED 35 YEARS, W/O.SENMON PHILIP, RESIDING AT NELLUVELIL HOUSE, SURVEY NO.196/2.7, NARANGANAM VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.V.SETHUNATH RESPONDENTS: --------------- 1. LISSY SHAJI MATHEW, W/O.LATE SHAJI MATHEW, PRAKATTUVAYIL HOUSE, ANTHIYALMAKAVU P.O., KADAMMANITTA, PATHANAMTHITTA DISTRICT, PIN - 689 649. 2. MARIAMMA MATHEW, M/O.LATE SHAJI MATHEW, PRAKATTUVAYIL HOUSE, ANTHIYALMAKAVU P.O., KADAMMANITTA, PATHANAMTHITTA DISTRICT, PIN - 689 649. 3. AMRUTHA, D/O.LATE SHAJI MATHEW, PRAKATTUVAYIL HOUSE, ANTHIYALMAKAVU P.O., KADAMMANITTA, PATHANAMTHITTA DISTRICT, PIN - 689 649. 4. APARNA, D/O.LATE SHAJI MATHEW, PRAKATTUVAYIL HOUSE, ANTHIYALMAKAVU P.O., KADAMMANITTA, PATHANAMTHITTA DISTRICT, PIN - 689 649. 5. THOMAS SIMON, AGED 67 YEARS, S/O.THOMAS, VALLYATHARAYIL HOUSE, KADAMMANITTA MURI, NARANGANAM VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT, PIN - 689 646. OP(C).No. 1092 of 2010 6. THE SOUTH INDIAN BANK, REPRESENTED BY THE AUTHORISED OFFICER, CHIEF MANAGER, REGIONAL OFFICE, KAKKANATTU APARTMENTS, ST.PETERS JUNCTION, PATHANAMTHITTA DISTRICT, PIN - 689 645. 7. THE DISTRICT COLLECTOR, PATHANAMTHITTA, PIN - 689 645. 8. THE TAHSILDAR, KOZHENCHERRY TALUK AT PATHANAMTHITTA, PIN - 689 645. 9. VILLAGE OFFICER, NARANGANAM, KOZHENCHERRY TALUK, PATHANAMTHITTA, PIN - 689 642. ADV.SRI. GEORGE VARGHESE, SC THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 10/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- O.P(C).No.1092 of 2010 --------------------------------------- Dated this 10th day of December, 2010 JUDGMENT Plaintiff in O.S.No.369 of 2010 of the court of learned Munsiff, Pathanamthitta is the petitioner. He claims title and possession of 10 cents in R.S.No.196/2-7 (old survey No.151/1). It is the case of petitioner that respondent No.6 proceeded against one Shaji Mathew for recovery of amount and the Advocate Commissioner pursuant to Ext.P4, order passed by the learned Chief Judicial Magistrate visited property belonged to the petitioner. Petitioner took up the matter with the Debt Recovery Tribunal which by Ext.P3, order declined to interfere in the matter. Thereafter petitioner filed an original suit before learned Munsiff and Ext.P2, application for an order of temporary injunction. Grievance of petitioner is that the said applications has not so far been taken up. Petitioner therefore seeks direction for decision of Ext.P2, application. 2. Having regard to the circumstances stated, learned Munsiff is directed to dispose of Ext.P2, application as early as possible. This petition is disposed of as above. (THOMAS P JOSEPH, JUDGE) Sbna/-