IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 17TH MARCH 2011 / 26TH PHALGUNA 1932 OP(C).No. 651 of 2011(O) ------------------------------------ OS.NO.2/2007 of SUB COURT, PERUMBAVOOR .................... PETITIONER: -------------------- PRASAD PUNNOSE, S/O.PUNNOOSE, MANGALAM ESTATE, KODANADU KARA, KODANADU VILLAGE. BY SRI.T.KRISHNAN UNNI, SENIOR ADVOCATE, ADV. SRI.SAJU.S.A, SRI.K.C.KIRAN, SMT.P.A.SHEEJA. RESPONDENT(S): -------------------------- 1. M.P. JACOB, S/O.PUNNOOSE, MANGALAM HOUSE, 38/930 CHITTOOR ROAD, KARITHALA DESOM, ERNAKULAM VILLAGE, KANAYANNOOR TALUK, KOCHI-682 035. 2. M.P. PUNNOOSE, S/O.M.J. PUNNOOSE, MANGALAM HOUSE, THEVARTHUNDIYIL, PERUMBAVOOR KARA, PERUMBAVOOR-683 542. 3. M.P. CHERIYAN, S/O.M.J. PUNNOOSE, MANGALAM HOUSE, THEVARTHUNDIYIL, PERUMBAVOOR KARA, PERUMBAVOOR-683 542. 4. SINDHU THOMAS, W/O.THOMAS ZACHARIA, PALAMATTOM HOUSE, ERNAKULAM, REPRESENTED BY HER POWER OF ATTORNEY HOLDER M.P. JACOB, MANGALAM HOUSE, CHITTOOR ROAD, KOCHI-682 035. 5. ANEENA JACOB, W/O.M.P. JACOB, RESIDING AT MANGALAM, CHITTOOR ROAD, KARITHALA DESOM, ERNAKULAM VILLAGE, KANAYANNOOR TALUK, KOCHI-682 035. OP(C).No. 651 of 2011(O) 6. GEETHA MATHEW, W/O.RENJI MATHEW, MALIYEKKAL HOUSE, 24/8, PERL PALACE, GOVINDA STREET, T.NAGAR, CHENNAI-826 125. 7. USHA CHERIYAN, W/O.M.C. CHERIYAN, MANALEL HOUSE, SOBHA VINT FALL, A 423, SAHAGAR NAGAR, AMRITHA HALLI, BANGALORE-860 092. R1, R4 & R5 BY ADV. MR.FEBIN J. R2 BY ADV. SRI.G.RAJAGOPAL, SMT.S. LEELA LAKSHMI, SMT.N.RENJINEE DEVI. R3 BY ADV. SRI.V.J.JOSEPH, SMT.M.V.LIGI. R6 & R7 BY ADV. MR.ABRAHAM CHERIAN. THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 17/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs OP(C).No. 651 of 2011(O) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE PLAINT IN O.S.NO.2/2007 ON THE FILE OF THE SUB COURT, PERUMBAVOOR DATED 19/06/2008. EXT.P2: COPY OF THE PLAINT IN O.S. NO.200/08 ON THE FILE OF SUB COURT, PERUMBAVOOR DATED 22/12/2005. EXT.P3: COPY OF THE JUDGMENT IN O.P.(C) NO. 712/2010 DATED 16/11/2010. EXT.P4: COPY OF THE I.A.NO.250/2011 IN O.S. NO.2/2007 ON THE FILE OF SUB COURT, PERUMBAVOOR DATED 11/02/2011. EXT.P5: COPY OF THE I.A.230/2011 IN I.A.NO.215/2011 IN O.S. NO.2/2007, SUB COURT, PERUMBAVOOR DATED 14/02/2011. RESPONDENT'S EXHIBITS: EXT.R3(1): COPY OF THE I.A.160/2011 FILED BY THE PETITIONER. EXT.R3(2): COPY OF THE I.A.161/2011 FILED BY THE PETITIONER. EXT.R3(3): COPY OF THE OBJECTION FILED BY THE 3RD RESPONDENT IN I.A.161/2011. EXT.R3(4): COPY OF THE I.A.1223/2010 FILED BY THE PETITIONER. EXT.R3(5): COPY OF THE WRITTEN STATEMENT FILED BY THE PETITIONER IN O.S.506/2005. //TRUE COPY// P.A. TO JUDGE rs P.BHAVADASAN, J. ------------------------------------- OP(C) No.651 of 2011 ------------------------------------- Dated this the 17th day of March 2011 Judgment The limited prayer in this petition under Article 227 of the Constitution of India is for a direction to the Sub Court, Perumbavoor to take up Exts.P4 and P6 applications and dispose of the same in accordance with law within a time limit to be fixed by this court. 2. The petitioner is the plaintiff in OS No.2/07 on the file of the Sub Court, Perumbavoor, which is a suit for partition and other consequential reliefs. Various averments are made in the petition regarding the suit, which are not very relevant for the present purpose. Suffice to say that the suit was dismissed for default. Immediately, the petitioner filed Ext.P4 IA for restoration of the above suit and also Ext.P5 IA seeking temporary injunction. These two applications were posted to 30.05.2001. The petitioner submits that in the meanwhile, if the defendants OP(C) 651/11 2 are allowed to commit acts of waste in the property, he will be put to irreparable loss and injuries. Therefore, he prays for an early disposal of the above said applications. 3. Considering the nature of the dispute involved and the contentions of the parties, it is only appropriate that the court below is directed to dispose of the above said applications expeditiously. Accordingly, this OP is allowed, directing the Sub Court, Perumbavoor to take up and dispose of Exts.P4 and P5 applications in accordance with law as expeditiously as possible, at any rate, before the summer vacation starts. In the meanwhile, there will be an interim order of injunction, restraining the defendants from committing any waste in the plaint schedule property. P.Bhavadasan, Judge sta OP(C) 651/11 3 OP(C) 651/11 4