IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 29TH OCTOBER 2009 / 7TH KARTHIKA 1931 WP(C).No. 30732 of 2009(O) -------------------------- AGAINST THE ORDER IN E.P 49/2007 IN OS.441/2000 of MUNSIFF COURT,KAYAMKULAM AS.101/2007 of ADDL.DISTRICT COURT-I,MAVELIKKARA (IA 532/2007) .................... PETITIONER(S): APPELLANT/3RD DEFENDANT CHANDRA SENAN, S/O.NARAYANAN, C.R.NIVAS, KANDALLOOR SOUTH MURI, KANDALLOOR VILLAGE. BY ADV. SRI.K.HARILAL RESPONDENT(S): 1. VALSALA, AGED 45, KOCHUVEETTIL, KANDALLOOR SOUTH MURI, KANDALLOOR VILLAGE. 2. SUDARSANAN, ANU BHAVANAM, KANDALLOOR SOUTH MURI, KANDALLOOR VILLAGE. 3. AMMINI, D/O.KALAYANI, PALLATHAMKUNDATHIL, KANDALLOOR SOUTH MURI, KANDALLOOR VILLAGE. 4. REVAMMA, D/O.DHAKSHAYANI, GOKULATHUVEEDU, KANDALLOOR SOUTH MURI, KANDALLOOR VILLAGE. 5. SUDHAKARAN.N, GOKULATHUVEEDU, KANDALLOOR SOUTH MURI, KANDALLOOR VILLAGE. 6. KUNJUKOCHU SUJATHA, GOKULATHUVEEDU, KANDALLOOR SOUTH MURI, KANDALLOOR VILLAGE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = W.P.(c) No.30732 of 2009 = = = = = = = = = = = = = = Dated this the 29 th day of October, 2009 JUDGMENT Petitioner, who is the plaintiff in O.S.No.441 of 2002 on the file of the Munsiff's Court, Kayamkulam, seeks a direction to the Additional District Court-I, Mavelikkara to either dispose of I.A.No.532 of 2007 in A.S.No.101/2007 or in the alternative to dispose A.S.No.101 of 2007 along with the connected appeal AS.No.100 of 2007 within a specified time. A.S.Nos.100 and 101 of 2007 are against the decrees in O.S.Nos.377 and 441 of 2002 which were disposed of by the learned Munsiff dismissing O.S.No.377 of 2002 filed by respondents 1 to 4 herein but partly decreeing O.S.No.441 of 2002 filed by the petitioner and wholly allowing the counter claim filed by respondents 5 to 6 herein in O.S.No.441 of 2002. I.A.No.532 of 2009 filed by the petitioner herein in A.S.No.101 of 2007 is an application for W.P.(c) No.30732 of 2009 2 temporary injunction in respect of the counter-claim property. 2. Eventhough it may not be possible for the lower appellate court to dispose of the above appeals of the year 2007 when older appeals are pending before that court and that court is further burdened by the trial of Sessions cases, I see no reason why the said petition (I.A.No.532 of 2007) cannot be disposed of by the lower appellate court, particularly when the petitioner contends that execution of the impugned decree is being proceeded with. Accordingly, this writ petition is disposed of directing the Additional District Court-I, Mavelikkara to dispose of I.A.No.532/2007 in A.S.No.101/2007 expeditiously and at any rate within three months of receipt of a copy of this judgment, after giving both sides an opportunity of being heard. Status quo as on today shall be maintained till the disposal of the petition. If for any reason, that Court is not able to dispose of the aforesaid interlocutory application within the above W.P.(c) No.30732 of 2009 3 time-frame, it shall send a report to this court through proper channel explaining the reasons as to why the above time-limit cannot be adhered to. Dated this the 29th day of October, 2009. V. RAMKUMAR, JUDGE sj