IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 4TH OCTOBER 2010 / 12TH ASWINA 1932 WP(C).No. 7504 of 2010(O) ---------------------------------------- PETITIONER(S): ---------------------- 1. ADITHYA VARMA, NADUVILAKOVILAKOM, CHERTHALA EAST MURI, KOKKOTHAMANGALAM, CHERTHALA. 2. KRISHNA VARMA, -DO- -DO- 3. RUKMINI BHAI, -DO- -DO- BY ADV. SRI.J.OM PRAKASH RESPONDENT(S): ------------------------ 1. RENJITH VARMA, SOUBHAGYA NIKETHAN, NADAMA DESOM, THRIPPUNITHURA, ERNAKULAM. 2. AJITH VARMA, -DO- -DO- 3. USHA DEVI, -DO- -DO- R1 TO R3 BY ADV. SRI.G.GOPAKUMAR (CHERTHALA) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.7504/2010 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE PLAINT IN OS. 494/2007 DTD. 13.7.2007. P2:- COPY OF THE IA. 2103/2007 DTD.13/7/07 IN OS. 494/07 OF THE MUNSIFF'S COURT, CHERTHALA. P3:- COPY OF THE OBJECTION IN IA. NO.2103/07 IN OS. NO.494/2007 DTD. 28.7.07 OF THE MUNSIFF'S COURT, CHERTHALA P4:- COPY OF THE COMMISSION REPORT IN OS. NO.494/07 FILED BY ADV. ANEESH MADHAVAN. P5:- COPY OF THE ORDER IN IA. 2103/07 IN OS. 494/07 OF THE ADDL. MUNSIFF CHERTHALA DTD. 8.8.08. P6:- COPY OF THE NOTIFICATION DTD. 8.7.09 ISSUED BY THE SECRETARY TO GOVERNMENT. P7:- COPY OF THE NOTIFICAITON DTD. 22.9.08 ISSUED BY THE SECRETARY TO GOVERNMENT. P8:- COPY OF THE TELEPRINTER MESSAGE DTD. 2.8.99 OF THE DIRECTOR OF ARCHEOLOGY DTD. 2.8.99. P9:- COPY OF THE ORDER IN CMA. 24/2008 DTD. 25.1.2010 OF THE SUB COURT, CHERTHALA. TRUE COPY P.A. TO JUDGE tss HARUN-UL-RASHID, J. ------------------------ W.P.(C).No.7504 Of 2010 ---------------------- Dated this the 4th day of October, 2010. J U D G M E N T The defendants in O.S.No.494 of 2007 on the file of the Additional Munsiff Court, Cherthala are the petitioners. Suit was filed for declaration of title and injunction. The plaintiff applied for temporary injunction. The court after hearing both sides ordered that status quo shall be maintained by the parties. Plaintiffs preferred CMA before Sub Court, Cherthala. Sub Court, by the Ext.P9 impugned order, set aside the status quo order and granted temporary injunction as prayed for. Ext.P9 is under challenge. 2. This Court stayed the operation of Ext.P9 order and directed the parties to the suit to maintain status quo till the final disposal of the writ petition. The said interim order is in force till this date. Suit is of the year 2007. In the facts and circumstances of the case, it is not necessary to examine the correctness of the impugned order at this stage. Suit itself can be disposed of by the trial court within a time frame. W.P.(C).No.7504 Of 2010 ::2:: Accordingly, the writ petition is disposed of directing the Additional Munsiff Court, Cherthala to dispose of the suit within a period of six months from the date of receipt of a copy of this judgment. The interim order of status quo passed by this Court shall continue till the disposal of the suit. Parties shall appear before the court below on 26.10.2010. HARUN-UL-RASHID, Judge. bkn/-