IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN WEDNESDAY, THE 26TH NOVEMBER 2008 / 5TH AGRAHAYANA 1930 WP(C).No. 32526 of 2008(V) --------------------------------------------- IA.3497/2008 IN OS.512/2008 of III ADDL.SUB COURT, KOZHIKODE .................... PETITIONER: K.K.GOPI, S/O.MADHAVAN, KELANMARKANDIYIL HOUSE, KORANGAD, POST THAMARASSERY, KOZHIKODE. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENT: POKKER HAJI, S/O.KARUMBARUKANDI MOOSA, VAZHAYIL VEEDU, RAROTH AMSOM, VEZHUPPORU DESOM, KOZHIKODE. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. Balachandran, J. -------------------------- W.P.(C)No.32526 of 2008 V -------------------------- JUDGMENT Petitioner is the defendant in O.S.No.512/08 on the file of the III Additional Sub Court, Kozhikode. It is submitted that the suit itself was one for a decree of permanent prohibitory injunction restraining the petitioner/defendant from transferring the property to any other person and that an ex parte temporary injunction order on the above lines was passed by the court below on 19.9.2008 on I.A.No.3497/08 filed in the said case, but that despite all efforts made by the petitioner/defendant to have the injunction petition heard and interim order of injunction vacated, the court below, after several adjournments, has now posted the injunction petition for hearing to the first week of January 2009. Counsel for the petitioner/defendant submits that written statement also had been filed in the suit and that a suit for injunction alone will not be maintainable at all without a prayer for specific performance of the suit agreement. 2. Though notice was issued from this Court by speed post acknowledgment due with hearing date WPC 32526/08 2 20.11.2008, respondent has not entered appearance. 3. Having heard the submissions of the counsel for the petitioner, I am of the view that there is no justification for the court below in not disposing of an injunction petition, wherein ex parte temporary injunction was ordered as early as on 19.9.2008, despite the request made by the petitioner and despite filing petition for advancing the hearing on the injunction petition. In the result, I direct the III Additional Sub Judge, Kozhikode to consider and pass appropriate orders on I.A.No.3497/08 in O.S.No.512/08 positively within ten days of a copy of this judgment being produced before him by the counsel for the petitioner with notice to the counsel for the respondent/ plaintiff. The writ petition is disposed of with the above direction. Issue copy of this judgment to the counsel for the petitioner urgently. 26th November, 2008 (K.P.Balachandran, Judge) tkv