IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 2ND JUNE 2011 / 12TH JYAISHTA 1933 OP(C).No. 1530 of 2011(O) ------------------------------- PETITIONER --------------- RAJENDRAN,S/O.LATE GOPI,AGED 40 YEARS,G.S.BHAVAN, PERUNALLY JUNCTION,MUTTATHARA.P.O, THIRUVANANTHAPURAM. BY ADV. SRI.K.RAJESH KANNAN SMT.MAJIDA.S SRI.AJIKHAN.M RESPONDENT: --------------- SANTHA @ SANTHAMMA,W/O.LATE GOPI, AGED 60 YEARS,RESIDING AT G.S.BHAVAN, PERUNALLY JUNCTION,MUTTATHARA.P.O, THIRUVANANTHAPURAM-686 613 ADV. SRI.SHAJIN S.HAMEED FOR R1 SRI.R.GOPAN FOR R1 THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 02/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C).No. 1530 of 2011 APPENDIX PETITIONER'S EXHIBITS EXT.P1: COPY OF THE PLAINT IN O.S.1276/2010 BEFORE THE PRINCIPAL MUNSIFF'S COURT, THIRUVANANTHAPURAM. EXT.P2: COPY OF IA NO.5704/2010 IN O.S.NO.1276/2010 BEFORE THE PRINCIPAL MUNSIFF'S COURT, THIRUVANANTHAPURAM. EXT.P3; COPY OF THE NOTICE IN I.A.NO.5704/2010. EXT.P4: COPY OF ORDER IN I.A.NO.5704/2010 IN OS NO.1276/2010 BEFORE THE PRINCIPAL MUNSIFF'S COURT, THIRUVANANTHAPURAM. EXT.P5: COPY OF THE OBJECTION DATED 18.8.2010 FILED BY PETITIONER. EXT.P6: COPY OF THE ADVANCE PETITION DATED 31.1.2011 FILED BY PETITIONER BEFORE THE MUNSIFF'S COURT, THIRUVANANTHAPURAM. EXT.P7: COPY OF THE ARGUMENT NOTE IN O.S.NO.1276/2010 FILED BY PETITIONER AND ANOTHER. EXT.P8: COPY OF THE JUDGMENT DATED 12.1.2011 IN CRL.APPEAL NO.819/2010 OF THE SESSIONS COURT, THIRUVANANTHAPURAM. EXT.P9: COPY OF REPORT DATED 10.8.2010 SUBMITTED BY ADDITIONAL SUB INSPECTOR OF POLICE, POONTHURA POLICE STATION. EXT.P10: COPY OF THE RESIDENTIAL CERTIFICATE DTD 6.3.2010 ISSUED BY THE CORPORATION OF THIRUVANANTHAPURAM. EXT.P11: COPY OF THE PETITION DTD 26.3.2011 FILED BY RESPONDENT HEREIN TO RE-HEAR THE IA. TRUE COPY PA TO JUDGE. K.T.SANKARAN, J. ------------------------------ O.P(C)No.1530 OF 2011 ------------------------------ Dated this the 2nd day of June, 2011 JUDGMENT The petitioner is the first defendant in O.S.No.1276 of 2010 on the file of the Court of the Principal Munsiff of Thiruvananthapuram. The suit was filed by the respondent for permanent prohibitory injunction. I.A.No.5704 of 2010 was filed by the respondent/plaintiff for temporary injunction. Interim injunction was granted without hearing the petitioner/defendant. The petitioner/defendant filed counter in I.A.No.5704 of 2010 and objected to the grant of injunction. 2. The grievance of the petitioner is that I.A.No.5704 of 2010 is not yet disposed of, though the application was once heard and orders reserved. It is pointed out that after orders were reserved, on the application of the respondent herein, the matter was re-posted for hearing. Still, the application for injunction is not disposed of. It is submitted that the petitioner is put to irreparable injury and great hardship because of the continuance of the interim injunction. O.P(C)No.1530 OF 2011 2 In the facts and circumstances of the case, the Original Petition is disposed of directing the Principal Munsiff's Court, Thiruvananthapuram to dispose of I.A.No.5704 of 2010 in O.S.No.1276 of 2010 as expeditiously as possible and at any rate within a period of one month from the date of receipt of a copy of the judgment. K.T.SANKARAN, JUDGE. cms