IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 23RD DECEMBER 2011 / 2ND POUSHA 1933 OP(C).NO. 3884 OF 2011(O) --------------------------------------- CMA.12/2011 OF SUB COURT, HOSDRUG PETITIONER: -------------------- P.C. THOMAS, AGED 62 YEARS, S/O. PUTHANPARAMBIL CHANDAPPILLA, RESIDING AT PUTHANPARAMBIL HOUSE, KINARUMUKKU, ETTUDUKKA PPOST, KARIVELLUR VIA, ALAPADAMB VILLAGE, TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADV. SRI.A.ARUNKUMAR RESPONDENT(S): ------------------------- 1. THE PLANTATION CORPORATION OF KERALA LTD., KOTTAYAM, REPRESENTED BY ITS MANAGING DIRECTOR, HAVING ITS OFFICE AT MUTTAMBALAM, POST MUTTAMBALAM, KOTTAYAM DISTRICT. 2. THE MANAGER, PCK LTD., CHEEMENI ESTATE, HAVING ITS OFFICE AT CHEEMENI, CHEEMENI VILLAGE, HOSDURG TALUK. THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 23/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P(C) NO.3884 OF 2011 APPENDIX PETITIONER(S)' EXHIBITS: EXHIBIT-P1- TRUE COPY OF THE PLAINT IN O.S NO. 209 OF 2010 EXHIBIT-P2- TRUE COPY OF THE BASIC TAX RECEIPT EXHIBIT-P3- TRUE COPY OF THE REGISTERED GIFT DEED EXHIBIT-P4- TRUE COPY OF THE INUNCTION APPLICATION I.A. NO. 1310 OF 2010 EXHIBIT-P5- TRUE COPY OF THE COUNTER FILED BY THE RESPONDENTS. EXHIBIT-P6- TRUE COPY OF THE ORDER DATED 02/07/2011 IN I.A. 1310 OF 2010 EXHIBIT-P7- TRUE COPY OF THE APPEAL MEMORANDUM C.M.A 12 OF 2011 BEFORE THE SUB JUDGE, HOSDURG. EXHIBIT-P8- TRUE COPY OF THE APPLICATION FOR TEMPORARY INJUCTI0N AS I.A 983 OF 2011 IN C.M.A 12 OF 2011 EXHIBIT-P9- TRUE COPY OF THE ORDER DATED 02/09/2011 IN I.A 983 OF 2011 IN C.M.A 12 OF 2011 BEFORE THE SUB JUDGE, HOSDURG. RESPONDENT(S)' EXHIBITS: NIL TRUE COPY P.S. TO JUDGE THOMAS P.JOSEPH, J. ==================================== O.P(C) No.3884 of 2011 ==================================== Dated this the 23rd day of December, 2011 J U D G M E N T Petitioner filed O.S. No.209 of 2010 in the court of learned Munsiff, Hosdurg for a decree for prohibitory injunction against trespass into the suit property and committing waste. He filed Ext.P4, application - I.A. No.1310 of 2010 for an order of temporary injunction which learned Munsiff dismissed as per Ext.P6, order. Petitioner challenged that order in C.M.A. No.12 of 2011 in the court of learned Sub Judge, Hosdurg. In C.M.A. No.12 of 2011 petitioner filed I.A. No.983 of 2011 for an order of temporary injunction. Learned Sub Judge did not grant any interim order but issued notice on that application as per Ext.P9, order. That order is under challenge in this proceeding. 2. When the matter came up for admission on 29.11.2011 this Court passed an order directing respondents not to cut and remove trees from the suit property for a period of three weeks from that day. When this case was taken up today for hearing learned counsel for petitioner submitted that respondents have appeared in C.M.A. No.12 of 2011 and Ext.P8, O.P(C) No.3884 of 2011 -: 2 :- application is posted on 15.03.2012 awaiting orders from this Court. It is requested that the Original Petition may be disposed of directing learned Sub Judge to expedite disposal of Ext.P8, application. Learned counsel submitted that petitioner is prepared to file an application to advance hearing of Ext.P8, application. It is also requested that the interim order passed by this Court may be kept in abeyance for some time. 3. It is seen that notice issued to the respondents is not returned after service. However having regard to the manner in which I propose to dispose of this Original Petition notice to the respondents is dispensed with. Original Petition is disposed of as follows: (a) Learned Sub Judge, Hosdurg is directed to dispose of Ext.P8 application - I.A. No.983 of 2011 in C.M.A. No.12 of 2011 and if possible the C.M. Appeal itself within six weeks from this day. (b) If any application to advance hearing of I.A. No.983 of 2011 is received, learned Sub Judge O.P(C) No.3884 of 2011 -: 3 :- shall consider the same and pass appropriate orders as early as possible. (c) Respondents are directed not to cut and remove the tress from the suit property for a period of six weeks from this day or till learned Sub Judge passes orders on Ext.P8, application whichever is earlier. (d) Learned Sub Judge, Hosdurg is directed to dispose of Ext.P8, application untrammelled by the decision taken by the trial court and the direction issued in this case to the respondents. THOMAS P. JOSEPH, JUDGE. vsv