IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 28TH FEBRUARY 2011 / 9TH PHALGUNA 1932 OP(C).No. 353 of 2011(O) ------------------------------------ (O.S.133/2010 MUNSIFF COURT PERUMBAVOOR) ---------------------- PETITIONERS ---------------------- 1. P.V.BABU, AGED 52 YEARS, S/O.VARGHESE, PULIKOTTIL HOUSE, EZHIPURAM KARA, MALAYIDAMTHURUTHU P.O., ERNAKULAM DISTRICT. 2. LISSY BABU, AGED 42 YEARS, W/O.P.V.BABU, PULIKOTTIL HOUSE, EZHIPURAM KARA, MALAYIDAMTHURUTHU P.O., ERNAKULAM DISTRICT. 3. ABIN P.BABU, AGED 22 YEARS, S/O.P.V.BABU, PULIKOTTIL HOUSE, EZHIPURAM KARA, MALAYIDAMTHURUTHU P.O., ERNAKULAM DISTRICT. 4. ALIN P.BABU, AGED 19 YEARS, S/O.P.V.BABU, PULIKOTTIL HOUSE, EZHIPURAM KARA, MALAYIDAMTHURUTHU P.O., ERNAKULAM DISTRICT. BY ADV. SRI.ALIAS M.CHERIAN RESPONDENT(S): -------------------------- 1. SUNNY, AGED ABOUT 42 YEARS, S/O.VARGHESE, PUTHIYAMADOM HOUSE, MALAYIDAMTHURUTHU P.O., KUNNATHUNADU TALUK, ERNAKULAM DISTRICT, PIN-683 561. 2. BABY, AGED 46 YEARS, S/O.PATHROSE, NAMANARI HOUSE, MALAYIDAMTHURUTHU P.O., KUNNATHUNADU TALUK, ERNAKULAM DISTRICT, PIN-683 561. 3. BABY, AGED ABOUT 48 YEARS, S/O.VARGHESE, PUTHIYAMADOM HOUSE, MALAYIDAMTHURUTHU P.O., KUNNATHUNADU TALUK, ERNAKULAM DISTRICT, PIN-683 561. BY THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 28/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts K.T.SANKARAN, J. ------------------------------ O.P(C)No.353 OF 2011 ------------------------------ Dated this the 28th day of February, 2011 JUDGMENT The petitioners are the plaintiffs in O.S.No.133 of 2010 on the file of the Court of the Munsiff of Perumbavoor. The suit was filed for injunction. It is stated that the plaintiffs constructed the boundary wall on the three sides of the plaint schedule property except on the northern side where there is a basement according to the plaintiffs. The allegation is that on 18.5.2010 defendants 1 and 2 trespassed upon the plaint schedule property and demolished the boundary wall constructed on the western side. On 3.6.2010 an order of injunction was granted by the trial court. A Commissioner was also appointed for conducting local inspection. 2. The plaintiffs further alleged that while the order of injunction was in force, the defendants and their men demolished the boundary O.P(C)No.353 OF 2011 2 wall of the plaint schedule property on its southern side in flagrant violation of the injunction order. The plaintiffs filed application for taking action against the defendants for violation of injunction. It is stated that the Commissioner's report would clearly indicate that demolition took place after his first inspection. 3. In the circumstances mentioned above, the petitioner filed I.A.No.1726 of 2010 (Ext.P11) to render necessary police help to the plaintiffs to restore the compound wall on the southern side and to fix temporary wire ropes on the western side of the plaint schedule property. The grievance of the petitioners is that though I.A.No.1726 of 2010 was filed on 20th September, 2010, the same has not be disposed of. 4. Notice was served on the respondents. However, there is no appearance for the respondents. O.P(C)No.353 OF 2011 3 5. In the facts and circumstances, I am of the view that it is necessary to issue a direction to the Munsiff's Court to dispose of I.A.No.1726 of 2010 expeditiously. Accordingly, the Original Petition is allowed. The Munsiff's Court, Perumbavoor, shall consider and dispose of I.A.No.1726 of 2010 in O.S.No.133 of 2010 as expeditiously as possible, after affording an opportunity of being heard to both parties, if possible before closure of the courts for summer holidays. K.T.SANKARAN, JUDGE. cms