IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 20TH SEPTEMBER 2011 / 29TH BHADRA 1933 OP(C).No. 3015 of 2011(O) ------------------------- AGAINST THE ORDER IN IA 2311/2011 IN CMA.40/2011 of DISTRICT COURT, THALASSERY .................... PETITIONER(S): ------------------------------ PALLIVALAPPIL BEEBU, D/O. AYISHU, AGED 69 YEARS, P.V.HOUSE, P.O.THANA, ANAYIDUKKU, KANNUR-670 012. BY ADV. SRI.A.MOHAMED MUSTAQUE SRI.K.R.AVINASH (KUNNATH) RESPONDENT(S): --------------- E.V.RUKHIYA, W/O. LATE PANAKKAT MUHAMMED KUNHI, AGED 65 YEARS, RESIDING AT RUKHIYAS, KANNUR KARAR DESOM, P.O.THANA, KANNUR-670 012. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 20/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C)NO.3015/2011 APPENDIX PETITIONER(S) EXHIBITS: EXT.P1 : TRUE COPY OF THE PLAINT IN OS NO.126/2011. EXT.P2 : TRUE COPY OF THE ORDER IN IA NO.953/2011 IN OS NO.126/2011 PASSED BY THE MUNSIFF'S COURT, KANNUR, DTD.12.4.2011. EXT.P3 : TRUE COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE DISTRICT COURT, THALASSERY. EXT.P4 : TRUE COPY OF THE AFFIDAVIT FILED IN IA NO.2311/2011 IN CMA 40/2011. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.3015 of 2011 -------------------------------------- Dated this the 20th day of September, 2011. JUDGMENT Petitioner before me is the first defendant in O.S.No.126 of 2011 of the court of learned Additional Munsiff, Kannur and the appellant in C.M.A.No.40 of 2011 of the court of learned District Judge, Thalassery. Aggrieved by the order of injunction passed by the learned Munsiff restraining petitioner from constructing a house in the suit property, she preferred the C.M.Appeal. Learned counsel submits that petitioner has already made an undertaking that if the suit is decreed against her, she will not claim any value of improvements on account of construction of the building, still there is an order of injunction against construction of a small building in the suit property and hence the appeal be directed to be disposed of at the earliest. Learned counsel submits that parties have already entered appearance in the C.M.Appeal. 2. Having heard learned counsel I am inclined to grant a direction as prayed for. 3. Learned District Judge, Thalassery (or other court) where C.M.A.No.40 of 2011 is pending is directed to expedite disposal of the said appeal having regard to the grievance of petitioner. Original Petition is disposed of as above. THOMAS P.JOSEPH, Judge. cks