IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 24TH SEPTEMBER 2010 / 2ND ASWINA 1932 OP(C).No. 47 of 2010(O) ----------------------- OS.561/2010 of MUNSIFF COURT, KOLLAM .................... PETITIONER/DEFENDANTS 1 TO 3 ------------------------------------------------ 1. JOY ALOYSIUS, AGED 40 YEARS, S/O.ALOYSIUS, ANNAI NIVAS, VADDY, KAIKULANGARA CHERRY, KOLLAM DISTRICT. 2. JAMES ALOYSIUS,AGED 37 YEARS, S/O.ALOYSIUS, PANDAL VEEDU PURAYIDOM, VADDY,KAIKULANGARA CHERRY, KOLLAM DISTRICT. 3. PRASANTHI, AGED 27 YEARS, W/O.JOY ALOYSIUS, ANNAI NIVAS, VADDY, KAIKULANGARA CHERRY, KOLLAM DISTRICT. BY ADV. SRI.B.BIPIN SRI.N.SUNIL JOSEPH RESPONDENT(S): PLAINTIFFS 1 & 2 ------------------------------- 1. P.ELIZABETH, AGED 72 YEARS, W/O.ELIAS MARIYAN, ST.ANTONY BHAVAN, MUNDAZHIKOM PURAYIDOM, KAIKULANGARA CHERRY, KOLLAM-13. 2. J.NORBERT, AGED 47 YEARS, S/O.JOHN, AGNES BHAVAN,MUNDAZHIKOM PURAYIDOM, KAIKULANGARA CHERRY,KOLLAM - 13. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 24/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.47 of 2010 -------------------------------------- Dated this the 24th day of September, 2010. JUDGMENT Petitioners before me are defendant Nos.1 to 3 in O.S.No.561 of 2010 of the court of learned Munsiff, Kollam. That is a suit for injunction to restrain petitioners from trespassing into the schedule way or constructing wall interfering with enjoyment of the said way. Ext.P3, interim order of injunction was passed against petitioners on 11.08.2010. Petitioners had filed O.S.No.102 of 2010 against respondents and obtained an order of injunction (Ext.P5). Petitioners say that now the same court has passed a conflicting order of injunction against them and in the light of that, they are not able to enjoy the benefit of Ext.P5, order. Petitioners therefore want an early disposal of the suit. 2. Suits are of the year 2010. Necessarily, older suits are pending in the court below. There is no urgency pointed out except that allegedly in respect of same subject matter parties have obtained interim orders in their favour. If that works out any difficulty or inconvenience it is open to the parties to request learned Munsiff for a simultaneous or joint disposal (if that is permissible) of the applications as early as possible. Petitioners can make request in that line to the learned Munsiff. The request for direction for early disposal of the suit cannot be entertained. OP(C) No.47/2010 2 Writ Petition is dismissed with the above observation. THOMAS P.JOSEPH, Judge. cks