IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 26TH AUGUST 2009 / 4TH BHADRA 1931 WP(C).No. 22657 of 2009(O) ---------------------------------------- OS.320/2008 of MUNSIFF COURT, PUNALUR .................... PETITIONER(S): ------------------------- KUMARAN ASARY, AGED 68 YEARS, S/O.RAMAN, VALIYAVILA PUTHEN VEEDU, KANNIMELTHERY, PATTAZHY, PATHNAPURAM TALUK, KOLLAM DISTRICT. BY ADV. MR.SYAM J SAM RESPONDENT(S): ------------------------- 1. PARUKUTTY, W/O.RAGHAVAN, AGED 71 YEARS, VAKKANATHU VADAKKETHIL R.P.NIVAS, PANTHAPLAVUTHERY, PATTAZHI, PATHANAPURAM TALUK. 2. RAGHAVAN, AGED 76 YEARS, VAKKANATHU VADAKKETHIL R.P.NIVAS, PANTHAPLAVUTHERY, PATTAZHI, PATHANAPURAM TALUK. 3. SIVADASAN PILLAI, AGED 47 YEARS, EDAMUZHY THEKKETHIL, MEENATHUTHERY, PATTAZHI VILLAGE, PATHANAPURAM. 4. MR.M.N.HARIDASAN, SUB REGISTRAR, S.R.P., PATTAZHY. 5. MR.HASHIM, VILLAGE OFFICER, PATTAZHY. 6. MR.THANKACHAN, DOCUMENT WRITER AND VENDOR, PATTAZHY. 7. MR.CHELLAPPAN, PUTHEN VEETIL, KANNIMELTHERY, PATTAZHY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ----------------------------------- W.P.(C).No.22657 of 2009 - O --------------------------------- Dated this the 26th day of August, 2009 JUDGMENT The writ petition is filed seeking the following relief: “To direct the learned Munsiff Court, Punalur to dispose of Ext.P2 I.A. within a time frame fixed by this court.” 2. Petitioner is the plaintiff in O.S.No.320 of 2008 on the file of the Munsiff Court, Punalur. Suit is one for declaration of a sale deed as null and void and for consequential injunction. With the suit, an application moved for interim injunction has not been taken up for hearing and disposal is the grievance canvassed in the writ petition seeking issue of orders/directions to the court below for an expeditious disposal of that application. 3. A report was called from the learned Munsiff as to whether there is any hurdle for disposing that application. Report has been received from the learned Munsiff which would indicate that the interlocutory application could not be taken up in view of the pressure of other work 4. Having regard to the nature of the facts and circumstances presented and the submissions made by the W.P.(C).No.22657 of 2009 - O 2 counsel for the petitioner, I find no notice to the respondents is necessary, and hence it is dispensed with. I heard the learned counsel for the petitioner. 5. Perusing the report submitted by the learned Munsiff I find it is far from satisfactory. Whatever be the pressure of the work canvassed as a reason for nondisposal of the interlocutory application when the court had been requested to hear and dispose it by way of an advance petition, serious efforts should have been made for disposal of that petition. The learned Munsiff is directed to hear and dispose of I.A.No.1725 of 2008 within a period of one month from the date of receipt of a copy of this judgment. Subject to the above direction, the writ petition is closed. S.S.SATHEESACHANDRAN, JUDGE. bkn/-