IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 27TH JULY 2011 / 5TH SRAVANA 1933 OP(C).No. 1922 of 2011(O) ------------------------- OS.NO. 142/2009 of MUNSIFF'S COURT, KARUNAGAPPALLY .................... PETITIONER --------------------- SOOSI, THUNDUVILA THEKKATHIL, MALIBHAGAM MURI, KARUNAGAPPALLY, KOLLAM. BY ADV. SRI.J.OM PRAKASH RESPONDENT(S): -------------------------- 1. XAVIER, VIMALA BHAVANAM, MALIBHAGAM MURI, THEKKUM BHAGOM P.O., KOLLAM.PIN-691 584 2. JASEENTHA, -DO- -DO-691 584 3. MANOJ, THUNDUVILA PUTHUVAL VEETTIL, -DO- -DO- 4. VINOD, VIMALA BHAVANAM, -DO- -DO- 5. SHERINE, -DO- -DO- 6. SHEENA, THUNDUVILA PUTHUVAL VEETTIL, -DO- -DO- 7. CLEETUS, THUNDIL THEKKATHIL, -DO- -DO- 8. PAUL, -DO- -DO- 9. ANTONY, -DO- -DO- 10. NEPOLIAN, LAKSHAM VEEDU, NO.41, -DO- -DO- BY THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 27/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts OP(C)NO.1922/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE PLAINT IN O.S.NO.142/2009 OF THE MUNSIFF'S COURT, KARUNAGAPPALLY. P2 COPY OF THE ORDER IN I.A.NO.475/2009 IN OS.142/2009 OF THE MUNSIFF'S COURT, KARUNAGAPPALLY DATED 20/7/2009. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.S.TO.JUDGE sts THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.1922 of 2011 -------------------------------------- Dated this the 27th day of July, 2011. JUDGMENT Second plaintiff in O.S.No.142 of 2009 of the court of learned Munsiff, Karunagappally is the petitioner before me requesting for a direction for early disposal of the suit. O.S.No.142 of 2009 is a suit for declaration of right of easement by way of necessity, mandatory injunction and other reliefs. Along with suit petitioner and others filed I.A.No.475 of 2009 for an order of temporary mandatory injunction. That application was heard and the learned Munsiff as per Ext.P2, order dated July 20, 2009 closed I.A.No.475 of 2009 observing that since evidence is required for disposal of the application and in the circumstances, the case itself can be included in the list for early disposal. Learned Munsiff also issued certain directions to the parties in the matter that pre-trial steps to be taken. 2. Grievance of the petitioner as aired by learned counsel is that in spite of the direction which learned Munsiff has made in Ext.P2, order the suit has not been disposed of so far and that since according to the petitioner and others the only way for access to their property has been closed and the relief prayed for in I.A.No.475 of 2009 has not been granted petitioner and others are being put to much inconvenience. 3. I have seen from Ext.P2, order an observation made by the learned OP(C) No.1922/2011 2 Munsiff that on completion of pre-trial steps (for which learned Munsiff issued certain directions in Ext.P2, order) the case can be included in the list and disposed of as early as possible. 4. In view of the above direction learned Munsiff has made in Ext.P2, order a further direction from this Court is not required. What is required is only to remind learned Munsiff of the observation that he has made in Ext.P2. That, petitioner and other plaintiffs can point out before the learned Munsiff. If any such request is made learned Munsiff shall pass appropriate orders in the matter in the light of observations in Ext.P2, order. With the above observation this petition is closed. THOMAS P.JOSEPH, Judge. cks