IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 13TH OCTOBER 2009 / 21ST ASWINA 1931 WP(C).No. 22871 of 2009(O) --------------------------------------- AS.NO.108/2007 OF ADDL. DISTRICT COURT-II, MAVELIKKARA, OS.NO.260/2003 OF MUNSIFF COURT,HARIPAD .................... PETITIONER: ------------------- BHAVANI, W/O.VASUDEVAN, PUTHEN VEEDU, NEENDOOR, PALLIPPADU, HARIPAD. BY ADVS. MR.P.SREEKUMAR, MR.K.S.MANU (PUNUKKONNOOR). RESPONDENT: ---------------------- JAGADAMMA NAIR, VIJAYA BHAVANAM, FROM VALIYAPARAMBIL HOUSE, NEENDOOR, PALLIPPADU, HARIPAD. BY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/10/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.22871/2009-O: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE JUDGMENT IN O.S. 260/2003 DTD. 29/03/2007 OF THE MUNSIFF COURT OF HARIPPAD. EXT.P.2: AFFIDAVIT AND PETITION IN I.A. 583/2007 IN A.S. 108/2007 OF THE ADDL. DISTRICT COURT OF MAVELIKKARA DTD. 23/05/2007. EXT.P.3: COPY OF THE ORDER DTD. 03/07/2009 IN I.A. 583/2007. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. S.S.SATHEESACHANDRAN, J. ----------------------------- W.P.(C).No.22871 OF 2009 -------------------------- Dated this the 13th day of October 2009 ------------------------------------- JUDGMENT The writ petition is filed seeking the following reliefs. i) To call for the records leading to Ext.P3 and to set aside the same and to allow Ext.P2 application filed before the lower court. ii) To issue such other reliefs as this Hon'ble Court may deem fit in the circumstances of this case. 2. Petitioner is the first defendant in O.S No. 260 of 2003 on the file of Munsiff Court, Harippad. The above suit was one for injunction, and the respondent is the plaintiff. A decree was granted in favour of the plaintiff which was challenged by the petitioner as A.S No.108/2007 W.P.(C).No.22871 OF 2009 Page numbers before the Additional District Court, Mavelikkara. An application moved by the petitioner to keep in abeyance the decree of injunction was declined by the learned District Judge. Ext.P3 is the copy of that order. Challenging the propriety and correctness of Ext.P3 order and also seeking issue of a writ or direction to the lower appellate court to dispose the appeal as expeditiously as possible, the writ petition has been filed invoking the supervisory jurisdiction vested with this court under Article 227 of the Constitution of India. 3. I heard the learned counsel for the petitioner. Notice was ordered to the respondent and a further direction given to the petitioner to serve notice on the counsel appearing for the respondent and file memo. Memo has been produced evidencing such service. Respondent despite such service, which is found sufficient, has not entered W.P.(C).No.22871 OF 2009 Page numbers appearance. Learned counsel for the petitioner fairly submitted that in the facts and circumstances of the case, challenge against Ext.P3 order invoking the writ jurisdiction, to seek stay of operation of a decree of injunction may not carry conviction. However, it is submitted that the decree holder has already initiated proceedings under Order 21 Rule 32 of the Code of Civil Procedure alleging violation of the decree of injunction. Reserving the right to challenge any order passed in such proceedings, if at all it give rise to an adverse order, the learned counsel for the petitioner sought for issue of a direction/order to the appellate court to dispose of the appeal as expeditiously as possible. Having regard to the submissions made and taking note of the facts and circumstances presented, I direct the learned Additional District Judge to hear and dispose A.S No.108/2007 as expeditiously W.P.(C).No.22871 OF 2009 Page numbers as possible, provided service is complete, after hearing counsel on both sides, at any rate, within a period of six months from the date of completion of service or receipt/production of a copy of this judgment, whichever is later. With respect to the reservation canvassed by the learned counsel for the appellant to challenge the orders, if any, adversely passed against him in Order 21 Rule 32 if the Code of Civil Procedure I find that no such reservation need be made as the petitioner is legally entitled to challenge such order as provided by law. Writ petition is disposed with the above observations/directions. Hand over a copy to the learned counsel for the petitioner on usual terms and send a copy to the Additional District Court, Mavelikkara forthwith. S.S.SATHEESACHANDRAN, JUDGE vdv