IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 3RD NOVEMBER 2010 / 12TH KARTHIKA 1932 OP(C).No. 542 of 2010(O) ------------------------ IA 3192/2010 & CMA.129/2010 of DISTRICT COURT, THRISSUR IA NO.2022/2009 IN OS 420/2009 OF ADDL.SUB COURT-II, THRISSUR. .................... PETITIONER(S): -------------------- JOSE,S/O.THETTAYIL DEVASSY, RESIDING AT CHENGAZHIKULANGARA DESOM, CHEMBUKAVU VILLAGE, THRISSUR TALUK, EAST FORT PO.PIN-680 005. BY ADV. SRI.S.VINOD BHAT RESPONDENT(S): --------------- T.D.CHAKUNNY(ADVOCATE) S/O.THETTAYIL DEVASSY RESIDING AT KALATHODU DESOM, OLLUKKARA VILLAGE, THRISSUR TALUK, OLLUKKARA PO.PIN-680 655. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 03/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.542 of 2010 -------------------------------------- Dated this the 3rd day of November, 2010. JUDGMENT Petitioner is the appellant in C.M.A.No.129 of 2010 of the court of learned District Judge, Thrissur. In a suit for partition he sought for an order of temporary injunction restraining respondent from alienating the suit property. Trial court though initially granted an interim order, later vacated it and the application for temporary injunction was dismissed. Petitioner challenged that order before learned District Judge in Ext.P2, C.M.Appeal and filed Ext.P3, application for an order of prohibitory injunction against alienation. Learned counsel states that respondent has already appeared in Exts.P2 and P3 but, is getting the matter adjourned without arguing the application for injunction and in the meantime trying to dispose of the suit property. Petitioner filed Ext.P4, application to advance hearing of Ext.P3. But that application was also adjourned and Ext.P3, application is now posted on 15.11.2010. Apprehension of petitioner is that if disposal of Ext.P3, application is delayed respondent might in the meantime alienate the suit property. Having regard to the apprehension raised by petitioner, learned District Judge, Thrissur is directed to dispose of Ext.P2, C.M.Appeal as early as possible and if there is any delay in disposing of the appeal itself, OP(C) No.542/2010 2 learned District Judge shall dispose of Ext.P3, application at the earliest. Learned District Judge shall give top priority to Ext.P3, application considering the direction issued by trial court in the impugned order. Petition is disposed of accordingly. THOMAS P.JOSEPH, Judge. cks