IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 24TH JUNE 2010 / 3RD ASHADHA 1932 WP(C).No. 19776 of 2010(O) -------------------------- AGAINST THE ORDER IN IA 832/2010 IN OS.70/2010 of MUNSIFF COURT, HOSDRUG .................... PETITIONER: --------------- MOHAN KAMATH, AGED 59 YEARS, S/O.LAKSHMANA KAMATH, RESIDING BEAR DHSS ROAD, KANHANGAD, BALLA VILLAGE, HOSDURG TALUK, KASARGOD DISTRICT. BY ADV. SRI.SURESH KUMAR KODOTH RESPONDENTS: --------------- 1. H.KESHAVA, AGED 63 YEARS, S/O.KANTHANNA, OPP MADONA GAS AGENCIES, KANHANGAD POST, HOSDURG TALUK, KASARGOD DISTRICT. PIN 671 315 2. VASANTHAN, AGED 45 YEARS, S/O.NARAYANA, NEAR AYYAPPA GARAGE ROAD, KANHANGAD, KASARGOD DISTRICT.PIN 671 315 3. VASAU, S/O.THARA, NEAR AYYAPPA GARAGE ROAD, KANHANGAD, KASARGOD DISTRICT.PIN 671 315 4. NALINI, AGED 50 YEARS, W/O.LATE MOHANA, NEAR AYYAPPA GARAGE ROAD, KANHANGAD, KASARGOD DISTRICT.PIN 671 315 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- W.P.C.No. 19776 of 2010 --------------------------------------- Dated this 24th day of June, 2010 JUDGMENT Plaintiff in O.S.No.70 of 2010 of the court of learned Munsiff, Hosdurg is the petitioner. He sued respondents for a decree for prohibitory injunction against the latter trespassing into plaint A schedule or widening passage on the northern side of suit property or obstructing petitioner from renovating the compound wall on its north and west. On I.A.No.475 of 2010 learned Munsiff passed an ex parte ad interim order of injunction. Respondents entered appearance and the application was heard on 06-04-2010 and order was reserved. In the meantime respondents filed I.A.No.832 of 2010 for an order of injunction to restrain petitioner from reducing width of the road on the north of suit property. Learned Munsiff passed an interim order on I.A.No.832 of 2010 on 09-06-2010 directing parties to maintain status quo until further orders. Grievance of petitioner is that learned Munsiff passed the said order without disposing of I.A.No.475 of 2010 and which in effect amounted to a modification of the order passed on that application. It is therefore requested that learned Munsiff may be directed to dispose of I.A.Nos.475 of W.P.C.No.19776 of 2010 : 2 : 2010 and 832 of 2010. In the facts and circumstances stated I direct learned Munsiff to dispose of the application, if not already disposed of as early as possible. The writ petition is disposed of accordingly. (THOMAS P JOSEPH, JUDGE) Sbna/-