IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 13TH JUNE 2011 / 23RD JYAISHTA 1933 OP(C).No. 1328 of 2011(O) ------------------------- CMA.8/2009 of SUB COURT, MUVATTUPUZHA OS.70/2009 of MUNSIFF COURT,MUVATTUPUZHA .................... PETITIONER (S): -------------------- PAULOSE, AGED 55, S/O. MANI, THETTAPPATTUKUDIYIL HOUSE, KADATHY KARA, VELLOORKUNNAM.P.O, MUVATTUPUZHA, ERNAKULAM DISTRICT. BY ADV. SRI.K.S.ARUN KUMAR SRI.S.SREEDEV RESPONDENT(S): ---------------------- ULAHANNAN, AGED 51 YEARS, S/O. VARKEY, KUSUMBITHAZHATHU HOUSE, PAMPAKUDA.P.O, MUVATTUPUZHA, NOW RESIDING AT AASIRVAAD HOUSE, KADATHY KARA, VELLOORKUNNAM.P.O, MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN 686 661. ADV. SRI.P.FAZIL FOR R1 SRI.M.S.UNNIKRISHNAN FOR R1 SRI.A.C.THOMAS ADHIKARAM FOR R1 THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 13/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OPC 1328/2011 APPENDIX PETITIONER'S EXHIBITS : EXT.P1: COPY OF THE ORDER OF THE MUNSIFF'S COURT, MUVATTUPUZHA IN I.A.NO.535/2009 IN O.S.NO.70/2009 DATED 3.4.2009. EXT.P2: COPY OF THE JUDGMENT OF THE SUB COURT, MUVATTUPUZHA IN C.M.A.NO.8/2009 DATED 20.11.2009. EXT.P3: COPY OF THE APPLICATION AND THE ORDER IN I.A.NO.3116/2009 IN C.M.A.NO.8/2009 ON THE FILE OF THE HON'BLE SUB COURT, MUVATTUPUZHA DATED 20.11.2009. RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.A. TO JUDGE K.T.SANKARAN, J. -------------------------------------- O.P.(C).No.1328 of 2011 --------------------------------------- Dated this the 13th day of June, 2011 JUDGMENT The petitioner is the defendant in O.S.No.70 of 2009 on the file of the court of the Munsiff of Muvattupuzha. The application filed by the plaintiff for temporary injunction was dismissed by the trial court as per Exhibit P1 order dated 3.4.2009. The plaintiff filed C.M.A.No.8 of 2009 before the Sub Court, Muvattupuzha challenging the order of the trial court. The C.M.Appeal was disposed of on a consensus and accordingly, a direction was issued to the trial court to dispose of the suit expeditiously and at any rate within a period of six months from 20.11.2009, the date of C.M.A. judgment. However, the suit could not be disposed of within six months. 2. The prayer No.(A) in this Original Petition filed by the defendant is the following : O.P.(C) No.1328/2011 2 "(A) To set aside Exhibit P2 order of the Sub Court, Muvattupuzha dated 20.11.2009 in C.M.A.No.8 of 2009 which is against the order of the Munsiff's Court, Muvattupuzha in I.A.No.535 of 2009 in O.S.No.70 of 2009 dated 3.4.2009 or in the alternative direct the Hon'ble Munsiff's Court, Muvattupuzha to dispose of O.S.No.70 of 2009 as expeditiously in accordance with law." 3. Notice on admission was ordered only in respect of the alternative relief. Today the learned counsel appearing for both sides submitted that oral evidence in the case was recorded by the Commissioner and a report was submitted by the Commissioner. The counsel also submitted that the suit is posted to 1.7.2011 for final hearing. In these circumstances, no further directions are required. The Original Petition is accordingly closed. K.T.SANKARAN JUDGE csl