IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 29TH JULY 2011 / 7TH SRAVANA 1933 OP(C).No. 2448 of 2011(O) -------------------------------- OS.133/2011 of MUNSIFF COURT,PATHANAMTHITTA .................... PETITIONER --------------- K.J.DANIEL @ K. K. JOHN, S/O. LATE YOHANNAN, AGED 51 YEARS, KULATHUNGAL HOUSE, KOODAL MURI, KOODAL VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.M.R.RAJESH RESPONDENT(S): -------------------- 1. SHEILESH OOMMEN, S/O.LATEOOMMEN JOHN, KULATHUNKAL HOUSE,VAKAYAR, KONNI.P.O.KONNI MANGAR- AM MURI, KONNI VILLAGE,KOZHENCHERI TALUK, REP. BY P/A. AND MOTHER LISSY OOMMEN, AGED 55,W/O. LATE OOMMEN JOHN,KULATHUNKAL(H),VAKAYAR,KONNI.PO,KONNI MANGARAM MURI,KONNI VILLAGE,KOZHENCHERI,PTA-689591 2. D.K. SMITH, S/O. K.J.DANIEL @ D.K.JOHN, KULATHUNGAL HOUSE, KOODAL MURI, KOODAL VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT-689591. 3. AISWARIYA DANIEL, D/O. K.J.DANIEL,@ D.K. JOHN, KULATHUNGAL HOUSE, KOODAL MURI, KOODAL VILLAGE, ADOOR TALUK, PATHANAMTHITTA DISTRICT. PIN-689591. 4. DONNA ANNA RAJAN, D/O. LATE RAJA JOHN, KULATHUNGAL HOUSE, KULATHUNKAL HOUSE, VAKAYAR, KONNI.P.O., KONNI MANGARAM MURI, KONNI VILLAGE, KOZHENCHERI TALUK,PATHANAMTHITTA DISTRICT PIN-689591. 5. SONIYA RAJAN, D/O. LATE RAJAN JOHN, KULATHUNGAL HOUSE, KULATHUNKAL HOUSE, VAKAYAR, KONNI.P.O., KONNI MANGARAM MURI, KONNI VILLAGE, KOZHENCHERI TALUK, PATHANAMTHITTA DISTRICT-689591. 6. DIANA RAJAN, D/O. LATE RAJAN JOHN, KULATHUNGAL HOSUE, KULATHUNKA HOUSE, VAKAYAR, KONNI.P.O., KONNI MANGARAM MURI, KONNI VILLAGE,KOZHENCHERI TALUK,PATHANAMTHITTA DISTRICT. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 29/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs O.P.(C). NO. 2448/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE PLAINT IN O.S. NO.133/2011 ON THE FILE OF THE MUNSIFF COURT, PATHANAMTHITTA P2: COPY OF THE INJUNCTION APPLICATION I.A.732/2011 IN EXT.P1 SUIT. P3: COPY OF JUDGMENT DATED 20/11/2008 IN O.S.NO.328/2006 ON THE FILE OF THE MUNSIFF COURT, PATHANAMTHITTA. P4: COPY OF DECREE DATED 20/11/2008 IN O.S. NO.328/2006 ON THE FILE OF THE MUNSIFF COURT, PATHANAMTHITTA. P5: COPY OF THE ADVOCATE GENERAL SRI.C.P.SUDHAKARA PRASAD INTERIM INJUNCTION ORDER DATED 11/03/2011 IN EXT.P2 PETITION. P6: COPY OF THE COUNTER AFFIDAVIT FILED THE PETITIONER TO EXT.P2 INJUNCTION APPLICATION. P7: COPY OF THE ACKNOWLEDGMENT RECEIPT DATED 16/06/2011 ISSUED FROM THE POLICE STATION, KONNI. P8: COPY OF THE COMPLAINT DATED 21/06/2011 GIVEN TO THE SUPERINTENDENT OF POLICE, PATHANAMTHITTA. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs THOMAS P JOSEPH, J. ---------------------------------------- O.P(C).No.2448 of 2011 --------------------------------------- Dated this 29th day of July, 2011 JUDGMENT Petitioner is the first defendant in O.S.No.133 of 2011 of the Court of learned Munsiff, Pathanamthitta. That is a suit filed by the first respondent against petitioner and respondents 2 to 6 for fixation of boundary and other reliefs. First respondent has obtained Ext.P5, order restraining petitioner and others from committing waste in the suit property. According to the petitioner he has already obtained decree against first respondent and others in respect of the same subject matter. 2. Grievance of petitioner is that though the suit is pending in the Court of learned Munsiff, Pathanamthitta, that Court is not functioning on account of the Munsiff not being posted there, charge of the learned Munsiff, Pathanamthitta is given to the learned Munsiff, Adoor but cases of the Court of learned Munsiff, Pathanamthitta are not being taken up. It is submitted that under the cover of Ext.P5, order first respondent is attempting to trespass into the property and hence it has become necessary to pass final orders on I.A.No.732 of 2011 (in O.S.No.133 of 2011). It is submitted that apart from preferring O.P(C).No.2448 of 2011 -: 2 :- objection to I.A.No.732 of 2011 petitioner has also filed an application to vacate the order of injunction. 3. Without ascertaining the volume of work of learned Munsiff, Adoor and whether full additional charge is given I do not think it proper to issue any direction but, grievance of petitioner is required to be looked into. Hence, petitioner is permitted to move application before the learned Munsiff, Adoor who is reported to be holding charge of learned Munsiff, Pathanamthitta to take up I.A.No.732 of 2011 (in O.S.No.133 of 2011) of the Court of learned Munsiff, Pathanamthitta and connected application and pass appropriate orders and if any such application is preferred learned Munsiff, Adoor will consider the application and pass appropriate orders. Resultantly this original petition is disposed of with the above direction. (THOMAS P JOSEPH, JUDGE) Sbna/-