IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 13TH JUNE 2011 / 23RD JYAISHTA 1933 OP(C).No. 871 of 2011(O) ------------------------ OS.NOS.2415/2003, 2525/2003 AND 89/2004 OF IIIRD ADDITIONAL MUNSIFF COURT, THRISSUR .................... PETITIONER (S): -------------------- 1. P.V. MALATHY AMMA @ MALATHI MENON, AGED 77 YEARS, W/O.M.P. MENON, POLLATH VAKAYIL HOUSE, KIZHAKKAMPATTUKARA DESOM, CHEMBUKAVU VILLAGE, THRISSUR TALUK. 2. RENUKA MENON @ RENUKA GOPALAKRISHNAN, D/O. MALATHI MENON & W/O. GOPALAKRISHNAN, POLLATH VAKAYIL HOUSE, KIZHAKKAMPATTUKARA DESOM, CHEMBUKAVU VILLAGE, THRISSUR TALUK. 3. LATHIKA MENON @ LATHIKA GOPINATHAN, D/O. MALATHI MENON & W/O. GOPINATHAN, POLLATH VAKAYIL HOUSE, KIZHAKKAMPATTUKARA DESOM, CHEMBUKAVU VILLAGE, THRISSUR TALUK. 4. GOPINATH, POLLATH VAKAYIL HOUSE, KIZHAKKAMPATTUKARA DESOM, CHEMBUKAVU VILLAGE, THRISSUR TALUK. BY ADV. SRI.K.S.BHARATHAN RESPONDENT(S): --------------- 1. UMADEVI, D/O. MADHAVA MENON, POLLATH VAKAYIL HOUSE, KIZHAKKAMPATTUKARA DESOM, CHEMBUKAVU VILLAGE, THRISSUR TALUK - 680 001. 2. K.M. KRISHNA KUMAR, S/O.MADHAVA MENON, KUNNATHU VEEDU, CHERUVAL, PUTHUKKAD, THRISSUR DISTRICT - 680 301. OPC 871/2011 2 3. INDIRA, W/O. LATE PRABHAKARA MENON, POLLATH VAKAYIL HOUSE, KIZHAKKAMPATTUKARA DESOM, CHEMBUKAVU VILLAGE, THRISSUR TALUK - 680 001. 4. C. REJEEV, S/O. LATE PRABHAKARA MENON, RESIDING AT 237, 3RD MAIN, 8TH CROSS, JAGATHISH NAGAR, NEWTHY PARANTHRA, BANGLORE - 560 075. 5. C. NARENDRAN, S/O. LATE PRABHAKARA MENON, T.C17/452, THRISSUR -5. 6. AMBIKA DILEEP, D/O. LATE PRABHAKARAN MENON, POLLATH VAKAYIL HOUSE, KIZHAKKAMPATTUKARA DESOM, CHEMBUKAVU VILLAGE, THRISSUR TALUK - 680 001. 7. GOPALAKRISHNAN, POLLATH VAKAYIL HOUSE, KIZHAKKAMPATTUKARA DESOM, CHEMBUKAVU VILLAGE, THRISSUR TALUK- 680 001. 8. SAROJINI, W/O. MADHAVA MENON, KUNNATHU VEEDU, CHERUVAL, PUTHUKKAD, THRISSUR - 680 301. 9. GEETHA JAGANNADHAN, D/O. MADHAVA MENON, KUNNATHU VEEDU, CHERUVAL, PUTHUKKAD, THRISSUR DISTRICT - 680 301. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 13/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OPC 871/2011 APPENDIX PETITIONERS' EXHIBITS : EXT.P1: COPY OF THE PLAINT IN O.S.NO.2415 OF 2003 FILED ON 16.8.2003 BEFORE THE COURT OF THE IIIRD ADDITIONAL MUNSIFF, THRISSUR. EXT.P2: COPY OF THE PLAINT IN O.S.NO.2525 OF 2003 FILED ON 16.8.2003. EXT.P3: COPY OF THE PLAINT IN O.S.NO.89 OF 2004 FILED ON 8.1.2004 BEFORE THE IIIRD ADDITIONAL MUNSIFF COURT, THRISSUR. RESPONDENTS' EXHIBITS : NIL //TRUE COPY// P.A. TO JUDGE K.T.SANKARAN, J. -------------------------------------- O.P.(C).No.871 of 2011 --------------------------------------- Dated this the 13th day of June, 2011 JUDGMENT Though notice was served on the respondents, there is no appearance for them. 2. The prayer made by the petitioners is to issue a direction to the IIIrd Additional Munsiff's Court, Thrissur to dispose of O.S.Nos.2415 of 2003, 2525 of 2003 and 89 of 2004 expeditiously. 3. It is stated that O.S.No.2415 of 2003 is a suit filed by the respondents against the petitioners for permanent prohibitory injunction. O.S.No.2525 of 2003 was filed by the petitioners for fixation of boundary and for injunction. O.S.No.89 of 2004 was filed by the petitioners for permanent prohibitory injunction. All the three suits are pending. The first petitioner is a senior citizen, aged 77 years. The learned counsel for the petitioners submitted O.P.(C) No.871/2011 2 that the suits were filed in 2003 and 2004 and the pendency of the suits causes great inconvenience and prejudice to the petitioners. The learned counsel pointed out that in O.S.No.2525 of 2003, an application to set aside the Commissioner's report is pending. The other two suits are ripe for hearing. The counsel also brought to my notice that on 26.7.2004, a joint trial of all the three suits were ordered. In the facts and circumstances of the case, I think a direction is to be issued to the court below to expedite the proceeding in the three suits. It is also necessary to dispose of the application to set aside the Commissioner's report in O.S.No.2525 of 2003 expeditiously. Subject to the decision in that application, the trial court shall dispose of the aforesaid three suits as expeditiously as possible. K.T.SANKARAN JUDGE csl