IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 2ND FEBRUARY 2010 / 13TH MAGHA 1931 WP(C).No. 3379 of 2010(O) ------------------------- OS.119/2009 of MUNSIFF COURT, ETTUMANOOR .................... PETITIONER: BHAVANI, W/O. RAMAN, RESIDING AT PAPPINISSERIL HOUSE, KURUMALOOR KARA, KANAKKARI VILLAGE, KOTTAYAM DISTRICT. BY ADV. MR. T.RAJASEKHARAN NAIR RESPONDENTS: 1. PADMANABHAN P.R., S/O.RAMAN,RESIDING AT PAPPINISSERIL HOUSE, KURUMALLOOR KARA, KANAKKARI VILLAGE, KOTTAYAM DISTRICT. 2. KRISHNANKUTTY, S/O.RAMAN RESIDING AT PAPPINISSERIL HOUSE, KURUMALOOR KARA, KANAKKARI VILLAGE, KOTTAYAM DISTRICT. 3. SUKUMARAN, S/O.RAMAN, RESIDING AT PAPPINISSERIL HOUSE, KURUMALOOR KARA, KANAKKARI VILLAGE, KOTTAYAM DISTRICT. 4. NANDHINI, D/O.RAMAN, RESIDING AT POONTHURA HOUSE, KURUMALLOOR KARA, ATHIRAMPUZHA VILLAGE, KOTTAYAM DISRICT. 5. OMANA D/O.RAMAN, RESIDING AT PAPPINISSERIL HOUSE, KURUMALOOR KARA, KANAKKARI VILLAGE, KOTTAYAM DISTRICT. 6. NARAYANAN, S/O.RAMAN, RESIDING AT HOUSE NO.16,SHOPRIYA NILAYAM, 5TH B CROSS EGIPURA, VIVEK NAGAR P.O., BANGALORE. 7. SAJEEVAN, D/O.RAMAN, RESIDING AT PAPPINISSERIL HOUSE, KURUMALOOR KARA, KANAKKARI VILLAGE, KOTTAYAM DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. -------------------------------------------------- W.P.(C). No. 3379 of 2010 ---------------------------------------------------- Dated this the 2nd day of February, 2010. JUDGMENT The writ petitioner is the 1st defendant in O.S. No. 119 of 2009 on the file of the Munsiff's Court, Ettumanoor. The said suit filed by the 1st respondent herein who is one of her sons, is for partition and separate possession of his share over one item of immovable property admeasuring 3.32 acres. The suit after a contest, was dismissed by the trial court as per Ext.P1 judgment dated 15.12.2009. Aggrieved by the judgment and decree passed by the trial court, the 1st respondent herein has preferred an appeal before the District Court, Kottayam as A.S. No. 402 of 2009 and has obtained an interim injunction against alienation, cutting of trees and committing waste as evidenced by Ext.P3 order. The petitioner who is the 81 year old mother of the 1st respondent, claims to have filed an objection to the interim injunction obtained by the 1st respondent. Her grievance is W.P.(C) No. 3379/2010 : 2 : that even after a lapse of reasonable time, the injunction application has not been finally heard and disposed of by the lower appellate court. Hence, this writ petition. 3. In the fitness of things, the lower appellate court should have disposed of the application for temporary injunction (I.A. No. 2140 of 2009) finally after hearing both sides. Accordingly, this writ petition is disposed of directing the District Court, Kottayam to finally hear I.A. No. 2140 of 2009 and pass final orders in accordance with law after giving both sides an opportunity of being heard within three weeks of receipt of a copy of this judgment. Dated this the 2nd day of February, 2010. V. RAMKUMAR, JUDGE. rv W.P.(C) No. 3379/2010 : 3 :