IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 28TH JUNE 2011 / 7TH ASHADHA 1933 OP(C).No. 1836 of 2011(O) ------------------------- OS.120/2009 of SUB COURT, MUVATTUPUZHA .................... PETITIONER (S): -------------------- BABU HARIHARAN, S/O.NANAPPAN, AGED 63 YEARS OLIPPILAKATT HOUSE, NANGELIPADY, NELLIKKUZHY KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN 686 691. BY ADV. SRI.ALEXANDER JOSEPH RESPONDENT(S): ----------------------- 1. N.RAJENDRAN, AGED 56, S/O.NANAPPAN OLIPPILAKATT HOUSE, E.M.S.NAGAR MUDAVOOR P.O., MUVATTUPUZHA ERNAKULAM DISTRICT 686 669. 2. N.DINESH, S/O.NANAPPAN, AGED 41 YEARS OLIPPILAKATT, MATHIRAPALLY, M.A.COLLEGE.P.O. KOTHAMANGALAM, ERNAKULAM DISTRICT 686 691. 3. BINDU DINESH, W/O.N.DINESH, AGED 39 YEARS OLIPPILAKATT, MATHIRAPALLY, M.A.COLLEGE P.O. KOTHAMANGALAM VILLAGE, ERNAKULAM DISTRICT 686 691. ADV. SRI.V.RAJENDRAN (PERUMBAVOOR) FOR R1-3 SRI.N.RAJESH FOR R1-3 SRI.V.M.ABHILASH FOR R1-3 THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 28/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OPC 1836/2011 APPENDIX PETITIONER'S EXHIBITS : EXT.P1: COPY OF THE PLAINT IN O.S.NO.120/2009 OF THE SUB COURT, MUVATTUPUZHA. EXT.P2: COPY OF THE INTERIM INJUNCTION APPLICATION (I.A.NO.905/2009) IN O.S.NO.120/2009 OF THE SUB COURT, MUVATTUPUZHA. EXT.P3: COPY OF AMENDMENT APPLICATION (I.A.NO.1275/2009) IN O.S.NO.120/2009 OF THE SUB COURT, MUVATTUPUZHA. EXT.P4: COPY OF THE I.A.NO.1304/2009 IN O.S.NO.120/2009 OF THE SUB COURT, MUVATTUPUZHA. RESPONDENTS' EXHIBITS : NIL //TRUE COPY// P.A. TO JUDGE K.T.SANKARAN, J. -------------------------------------- O.P.(C).No.1836 of 2011 --------------------------------------- Dated this the 28th day of June, 2011 JUDGMENT The petitioner is the plaintiff in O.S.No.120 of 2009 on the file of the court of the Subordinate Judge of Muvattupuzha. The suit was filed for declaration, partition and injunction. Along with the suit, the petitioner filed I.A.No.905 of 2009 (Exhibit P2) for temporary injunction. In the application for temporary injunction, several reliefs were claimed. However, the court below passed an ex-parte interim order of injunction restraining the defendants from committing waste. It is stated that the question of grant of the other reliefs in I.A.No.905 of 2009 was not considered thereafter. The petitioner filed I.A.No.1275 of 2009 (Exhibit P3) for amendment of the plaint. It is stated that I.A.No.1275 of 2009 is not disposed of. The petitioner also filed I.A.No.1304 of 2009 (Exhibit P4) for a direction to defendants 2 and 3 to produce the Offset Press O.P.(C) No.1836/2011 2 shown as item No.1 in the B schedule before the court or to furnish security for ` 8,75,000/- as the value of the Offset Press. Exhibit P3 is also pending disposal. 2. The only relief which the petitioner prays in the Original Petition is to direct the Sub Court, Muvattupuzha to dispose of Exhibits P2 to P4 applications referred to above. 3. The learned counsel for the respondents submitted that the respondents have no objection for the early disposal of the aforesaid three applications. Accordingly, the Original Petition is allowed. The Sub Court, Muvattupuzha shall consider and dispose of I.A.Nos.905 of 2009, 1275 of 2009 and 1304 of 2009 in O.S.No.120 of 2009 as expeditiously as possible. K.T.SANKARAN JUDGE csl