IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 12TH DECEMBER 2011 / 21ST AGRAHAYANA 1933 OP(C).No. 4056 of 2011(O) -------------------------------- OS.337/2011 of PRINCIPAL MUNSIFF,ALAPPUZHA .................... PETITIONER/PLAINTIFFS ------------------------------- 1. SATHYASEELAN PILLAI, AGED 69 YEARS, S/O.LATE NARAYANA PILLAI, NARAYANA MANGALAM, ATTUVATHALA MURI, NEDUMUDI VILLAGE, ALAPPUZHA DISTRICT. 2. K.N.NAMBIAR, AGED 55 YEARS, S/O.LATE NARAYANA PILLAI, KALATHIL HOUSE, ATTUVATHALA MURI, NEDUMUDI VILLAGE, ALAPPUZHA DISTRICT. BY ADVS. SRI.S.SANAL KUMAR SMT.BHAVANA VELAYUDHAN SMT.T.J.SEEMA RESPONDENT(S): 1ST DEFENDANT ---------------------------------------- N.N.MOORTHY, AGED 58 YEARS, S/O.LATE NARAYANA PILLAI, KALATHIL HOUSE, ATTUVATHALA, NEDUMUDI VILLAGE, ALAPPUZHA-688508. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 12/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs O.P.(C). NO. 4056/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE PLAINT IN O.S.NO.337 OF 2011 ON THE FILE OF THE MUNSIFF'S COURT, ALAPPUZHA. P2: COPY OF THE APPLICATION FOR INJUNCTION I.A.NO.1685 OF 2011 IN O.S.NO.337 OF 2011 OF MUNSIFF'S COURT, ALAPPUZHA. P3: COPY OF THE ORDER OF INJUNCTION PASSED BY THE PRINCIPAL MUNSIFF'S COURT, ALAPPUZHA IN I.A.NO.1685 OF 2011 IN O.S.NO.337 OF 2011. P4: COPY OF THE APPLICATION FOR INTERIM MANDATORY INJUNCTION I.A.NO.3877 OF 2011 IN O.S.NO.337 OF 2011 OF MUNSIFF'S COURT, ALAPPUZHA. P5: COPY OF THE APPLICATION FOR PROSECUTION INJUNCTION I.A.NO.3878 OF 2011 IN OS NO.337 OF 2011 OF MUNSIFF'S COURT, ALAPPUZHA. P6: COPY OF THE REPORT OF THE ADVOCATE COMMISSIONER DATED 16.11.2011. P7: COPY OF THE ADVANCE PETITION, I.A.NO.3990 OF 2011 IN O.S.NO.337 OF 2011 OF MUNSIFF'S COURT, ALAPPUZHA. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs THOMAS P. JOSEPH, J. ---------------------------------------- O.P(C).No.4056 of 2011 --------------------------------------- Dated this 12th day of December, 2011 JUDGMENT Petitioners are the plaintiffs in O.S.No.337 of 2011 of the Court of learned Munsiff, Alappuzha. They sued the respondent and others for partition of suit property and as I am told, obtained an order of injunction against respondent/first defendant putting up structures in plaint schedule item No.1. Grievance of petitioners is that in spite of that order, respondent has proceeded with construction in violation of the order. Petitioners obtained reports through Advocate Commissioner before and after the order of injunction was passed. The application for prosecution of respondent and mandatory injunction to dismantle the building are pending consideration before the learned Munsiff. Petitioners filed application to advance hearing but that also did not yield result. Hence this original petition for a direction for time bound disposal of the application for prosecution and mandatory injunction. Learned counsel told me about the inconvenience allegedly being suffered by petitioners. O.P(C).No.4056 of 2011 -: 2 :- 2. It is not as if learned Munsiff is not capable of understanding the situation and passing appropriate orders. Having regard to the circumstances stated, it is made clear that petitioners can request learned Munsiff to pass appropriate orders on the pending applications as provided under law and if any such request is made learned Munsiff shall consider the request and pass orders on such request. This original petition is disposed of. (THOMAS P. JOSEPH, JUDGE) Sbna/-