IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 24TH OCTOBER 2008 / 2ND KARTHIKA 1930 WP(C).No. 29108 of 2008(M) -------------------------- OS.72/2008 of MUNSIFF'S COURT, DEVICOLAM .................... PETITIONER(S): --------------- SAJU, S/O.JOSEPH, THEKKUMPURATH HOUSE, CHELADU KARA, KEERAMPARA VILLAGE, KOTHAMANGALAM TALUK. BY ADV. SRI.S.ANANTHAKRISHNAN SRI.N.K.SUBRAMANIAN RESPONDENT(S): --------------- 1. PALANISWAMY, AGED 36 YEARS, S/O.LATE KARUPPASWAMY, RESIDING AT LOWER DIVISION, NETTIGUDY, GUDARLE ESTATE, K.D.H.VILLAGE, DEVIKULAM TALUK. 2. KARUPPASWAMY, AGED 28 YEARS, S/O.LATE KARUPPASWAMY, RESIDING AT LOWER DIVISION, NETTIGUDY, GUDARLE ESTATE, K.D.H.VILLAGE, DEVIKULAM TALUK. 3. PALRAJ, AGED 56 YEARS, S/O.YESUVADIYAN, RESIDING AT KADUKUMDY DIVISION, TALLIAR ESTATE, K.D.H.VILLAGE. ADV. SRI.SATHISH NINAN FOR R1-3 SRI.SANTHOSH MATHEW FOR R1-3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE PLAINT EXT.P2 TRUE COPY OF COMMISSION REPORT DATED 13.6.2008 AND SKETCH EXT.P3 TRUE COPY OF OBJECTION TO THE COMMISSION REPORT EXT.P4 TRUE COPY OF IA NO.786/2008 AND AFFIDAVIT EXT.P5 TRUE COPYOF OIA NO.787/2008 AND AFFIDAVIT EXT.P6 TRUE COPY OF IA NO.911/2008 AND AFFIDAVIT EXT.P7 TRUE COPY OF ORDER IN IA 786/2008 EXT.P8 TRUE COPY OF THE ORDER DATED 12.8.2008 IN OA NO.72/2008 EXT.P9 TRUE COPY OF IA NO.1212/2008 AND AFFIDAVIT EXT.P10 TRUE COPY OF THE COMMISSION REPORT DATED 2.9.2008 EXT.P11 TRUE COPY OF IA NO.1304/2008 AND AFFIDAVIT //TRUE COPY// THOMAS P. JOSEPH, J. -------------------------------------- W.P.(C) No.29108 of 2008 M -------------------------------------- Dated this the 24th day of October, 2008. JUDGMENT Heard both sides. 2. Respondents filed O.S.No.72 of 2008 in the court of learned Munsiff, Devikulam seeking reliefs against the petitioner including injunction against trespassing into the plaint schedule properties. There was an ex parte, ad interim order of injunction passed against the petitioner on 11.3.2008. Since the petitioner was not able to file counter statement in time, that order was made absolute on 1.4.2008. Thereafter petitioner filed counter statement with an application for review of the order dated 1.4.2008 and another application for injunction against the respondents. Learned Munsiff as per order dated 2.7.2008 directed the parties to maintain status quo. On 12.8.2008, Ext.P8 order was passed permitting the respondents to take the usufructs. Petitioner has a case that usufructs were taken from his property which is not a part of the plaint schedule property while, respondents maintain that usufructs were taken from the schedule property. The usufructs collected are properly stored as per order of the court. Now, Exts.P4, P5, P9 and P11 applications are pending before the learned Munsiff for consideration and disposal. Prayer is to direct learned Munsiff to dispose of the said applications within a time frame. 3. Though, I do not consider it appropriate to issue direction for time WP(C) No.29108/2008 2 bound disposal of the applications without being aware of the volume of work in that court, in the nature of the contentions raised and the request made as per Exts.P4, P5, P9 and P11 it is only proper to direct learned Munsiff to dispose of the applications as expeditiously as possible. Writ Petition is therefore, disposed of in the following lines:- (1) Learned Munsiff is directed to dispose of Exts.P4, P5, P9 and P11 applications as expeditiously as possible. (2) Interim stay granted by this Court regarding the auctioning of usufructs already collected and stored will remain in force until the learned Munsiff passes appropriate orders in that matter and in case it is auctioned, the sale proceeds shall be deposited in a nationalized bank in the name of the learned Munsiff. THOMAS P.JOSEPH, JUDGE. cks