IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 21ST MARCH 2011 / 30TH PHALGUNA 1932 OP(C).No. 950 of 2011(O) ------------------------ OS.395/2010 of ADDL.MUNSIFF COURT,KOZHIKODE-I .................... PETITIONER: ---------------------- M.V.YESUMETHI JOHN, D/O.S.P.ABRAHAM, KALATHINKUNNU, AMSOM, DESOM, KOZHIKODE TALUK, KOZHIKODE DISTRICT. BY ADVS. SRI.K.RAKESH ROSHAN, SMT.THUSHARA.V. RESPONDENT(S): ---------------------------- T.P.JASLIN FATHIMA, D/O.T.P.USMAN, THEKE POOKKATTIL, P.O.ERANHIPALAM, KOZHIKODE TALUK, KOZHIKODE DISTRICT, PIN - 673 006. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 21/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.BHAVADASAN, J. ------------------------------------- OP(C) No.950 of 2011 ------------------------------------- Dated this the 21st day of March 2011 Judgment In this Original Petition filed under Article 227 of the Constitution of India, the limited prayer is for a direction to the First Additional Munsiff's Court, Kozhikode to take up Ext.P2 petition and dispose of the same as expeditiously as possible. 2. The petitioner is the defendant in OS No.395/10 which is a suit for injunction. Along with the suit, the plaintiff had filed IA No.2177/10 seeking temporary injunction. An interim order was passed in the said IA on 01.07.2010 and the case stood posted to 13.07.2010 after issuing an ex parte commission. After several adjournments, the case finally stood posted to 15.03.2011. It is stated that the petitioner had filed a counter affidavit to the IA filed by the plaintiff and attempted on several occasions to have the matter heard, but he was unsuccessful. He submits that the interim order passed is to his prejudice and it is absolutely essential for him that the IA is heard and disposed of on merits. Therefore, there is a prayer OPC 950/11 2 for a direction to the First Additional Munsiff's Court, Kozhikode to take up and dispose of Ext.P2 IA, to which counter affidavit has been filed by the petitioner. 3. On going through the interim order which is produced as Ext.P3, it would appear that the order passed is an ex parte order and so, the court below was bound to hear the IA on merits within a reasonable time. Considering the above facts and circumstances, it is felt that the relief sought for the petitioner is only just and reasonable. In the result, there will be a direction to the First Additional Munsiff's Court, Kozhikode to take up and dispose of IA No.2177/10 in OS No.395/10 in accordance with law expeditiously, if possible before the commencement of the summer vacation. The OP(C) is disposed of as above. P.Bhavadasan, Judge sta OPC 950/11 3 OPC 950/11 4