IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 4TH MARCH 2011 / 13TH PHALGUNA 1932 OP(C).No. 904 of 2011(O) ------------------------ OS.306/2009 of MUSNIFF COURT,ADOOR .................... PETITIONER: ----- --------- RAJAN RAWTHER,AGED 51 YEARS, S/O.AHAMMED KUNJU RAWTHER,R/AT THEJUS MANZIL, KURAMBALA MURI,KURAMBALA VILLAGE,ADOOR, BY ADV. MS.T.S.MAYA (THIYADIL) MS.PRINCY XAVIER RESPONDENTS: --------------- 1. BABU,AGED 38 YEARS,S/O.AHAMMED KUNJU RAWTHER,R/AT KATTOR PUTHEN VEEDU,KURAMBALA VILLAGE KADAKKAD MURI,ADOOR,PIN-689502. 2. SULAIKHA BEEVI,AGED 52 YEARS, S/O.AHAMMED KUNJU RAWTHER,R/AT CHINNA VEEDU, PETTA,PATHANAMTHITTA,PIN-689645. 3. LAILA,AGED 45 YEARS,D/O.AHAMMED KUNJU RAWTHER,R/AT ASHIF MANZIL,NEDUMAN MURI, EZAMKULAM VILLAGE,PIN-691556. 4. SHYLAJA,AGED 49 YEARS,D/O.AHAMMED KUNJU RAWTHER,R/AT KIKKINDI VEEDU, PAZHAVATHU MURI, CHANGANASSERY,PIN-686101. 5. NAZIM BEEGUM,AGED 44 YEARS, D/O.AHAMMED KUNJU RAWTHER,R/AT THUNDUKAL VEEDU, MUNDU KOTTAKKAL MURI,PATHANAMTHITTA,PIN-689645. 6. SELEENA,AGED 41 YEARS,D/O.AHAMMED KUNJU RAWTHER,R/AT S.S.MANZIL,KADAKKADU PANDALAM VILLAGE PIN-689 501. 7. MYMOON BEEVI,AGED 67 YEARS, W/O.AHAMMED KUNJU RAWTHER,R/AT KATTOOR PUTHEN VEEDU,KADAKKODU MURI,KURAMBALA VILLAGE, ADOOR,PIN-681502. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 04/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: HARUN-UL-RASHID, J. ------------------------ O.P.(C).No.904 Of 2011 ---------------------- Dated this the 4th day of March, 2011. J U D G M E N T The petitioner is the plaintiff in O.S.No.306 of 2009 on the file of the Munsiff Court, Adoor. Suit is filed for partition and consequential injunction. The petitioner submits that during the pendency of the suit the first respondent violated Ext.P2 order of injunction, trespassed into the plaint schedule shop room, destroyed the petitioner's lock and locked the shop room by using a new lock and now he is keeping the key. The matter was reported to the Pandalam Police Station. Ext.P3 is the copy of the complaint. At the intervention of the police, it is said that the first respondent handed over the key of the shop room to the petitioner. 2. The petitioner also submits that thereafter, on 23.7.2010 the first respondent again trespassed into the shop room after breaking the lock and locked the shop room. The petitioner again filed a complaint before the Pandalam Police Station. Ext.P4 is the copy of the complaint. Again on 18.2.2011 the first respondent with the help of his henchmen demolished the front portion of the shop room and tried to construct a new ::2:: O.P.(C).No.904 Of 2011 shop room. Then the petitioner again filed a complaint before the Deputy Superintendent of Police, Adoor. Ext.P6 is the copy of that complaint. 3. In the above said facts and circumstances, the petitioner prays for disposal of the suit at an early date, lest the petitioner will put to severe hardship and irreparable injury. 4. In view of the facts and circumstances narrated in the O.P and after hearing the submission of the learned counsel for the petitioner, this Court is of the view that an early disposal of the suit will serve the ends of justice. Accordingly, this Court directs the learned Munsiff, Adoor, to try and dispose of O.S.No.306 of 2009, as expeditiously as possible, at any rate, within a period of nine months from the date of receipt of a copy of this judgment. The O.P is disposed of as above. HARUN-UL-RASHID, Judge. bkn/-