IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 17TH MARCH 2009 / 26TH PHALGUNA 1930 WP(C).No. 5484 of 2009(O) OS.249/2008 of MUNSIFF COURT, OTTAPPALAM PETITIONER: --------------- K.G.RAMASWAMY IYER, S/O.K.R.GOPALAKRISHNAN, RESIDING AT KUNNATHU MADOM ARIYOOR THEKKUMURI DESOM, OTTAPALAM TALUK, PALAKKAD DISTRICT. BY SENIOR ADV. SRI.V.CHITAMBARESH SRI.T.C.SURESH MENON SRI.JIBU P THOMAS SRI.P.S.APPU SRI.A.R.NIMOD SRI.C.A.ANOOP RESPONDENTS: --------------- 1. V.T.ABOOBACKER SIDHEEQUE, S/O.V.T.KUNHALAVI HAJI, RESIDING AT VANIYAMTHODI, VALLAPUZHA DESOM, OTTAPALAM TALUK, PALAKKAD DISTRICT. 2. V.T.ALI, S/O.V.T.KUNHALAVI HAJI, R/AT VANIYAMTHODI, VALLAPUZHA DESOM, OTTAPALAM TALUK, PALAKKAD DISTRICT.(BOTH ARE REP. HEREIN BY THEIR POWER OF ATTORNEY HOLDER HAMEED, S/O.MOIDEENKUTTY HAJI, RESIDING AT THIYYATTIL,PULASSERY DESOM, OTTAPALAM TALUK, PALAKKAD DISTRICT. R1 BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C) NO. 5484 OF 2009 O ------------------------------------------------------ Dated this the 17th March, 2009 JUDGMENT The defendant in O.S.No.249 of 2008, on the file of the Court of the Munsiff of Ottapalam, has filed this Writ Petition to set aside Ext.P3 order in I.A.No.1247 of 2008 in O.S.No.249 of 2008, by which the court below passed an order of status quo in the application for injunction filed by the respondent/plaintiff. The prayer made in the Writ Petition is not maintainable. The writ petitioner has to approach the trial court and seek for an early hearing of the application. The writ petitioner has filed a counter statement in the application for injunction. 2. The suit was filed by the respondents for recovery of possession of the plaint B schedule property. I.A.No.1247 of 2008 was filed for a temporary injunction restraining the defendant from cutting and removing trees or altering the nature of the property. The court below passed Ext.P3 order of status quo directing the parties to maintain status quo. The writ petitioner filed a counter statement in the application for temporary injunction. Learned counsel for the petitioner submitted that though a larger prayer was made in the Writ Petition, he confines the relief for a direction to the court below to dispose of I.A.No.1247 OF 2008 W.P.(C) NO.5484 OF 2009 :: 2 :: expeditiously. The respondents appeared. Learned counsel appearing for the respondents submitted that they are always ready for making their submissions before the court below in I.A.No.1247 of 2008. In the facts and circumstances of the case, the Writ Petition is disposed of directing the Munsiff's Court, Ottapalam to hear and dispose of I.A.No.1247 of 2008 in O.S.No.249 of 2008 expeditiously. (K.T.SANKARAN) Judge ahz/