IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 5TH SEPTEMBER 2008 / 14TH BHADRA 1930 WP(C).No. 27037 of 2008(R) ------------------------------------------ (I.A.NO.368/2008 IN O.S.NO.75/08 OF SUB COURT, SULTHAN BATHERY) PETITIONER: -------------------- KERALA VYAPARI VYAVASAYI EKOPANA SAMITHI, VYAPARA BHAVAN, BANK ROAD, CALICUT 673 001, REP. BY ITS PRESIDENT T.NAZEERUDHEEN, S/O. T.K.MEHMOOD. BY ADV. SRI.T.R.RAVI SRI.P.S.MURALI RESPONDENT: ---------------------- ACADEMI FOR ADVANCEMENT OF RESOURCES AND TALENTS LTD, REGISTRATION NO. 4563/86 REP. BY ITS MANAGING DIRECTOR, SRI.POKKASARAKATH ABDULLA, S/O.AHMED KUNHI,AGED 74 YEARS, P.O.LAKKIDI, VYTHIRI, KUNNATHIDAVAKA VILLAGE, WAYANAD DISTRICT. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. =========================== W.P.(C) NO. 27037 OF 2008 =========================== Dated this the 5th day of September, 2008 JUDGMENT Petitioner is the defendant in O.S.75/2008 on the file of Sub Court, Sulthan Batheri. I.A.368/2008 was filed by the respondent plaintiff for an order of injunction. An order of interim injunction was granted on 5.4.2008. The case of the petitioner is that he had filed an objection and also filed an application to advance the hearing and though it was being posted from time to time, the petition is being adjourned as both parties not ready and therefore a direction is to be issued to the Sub Judge to dispose of I.A.368/2008. It is submitted that the petition now stands posted on 18.9.2008. Rule 3A of Order XXXIX of Code of Civil Procedure mandates that where an order of injunction has been granted without giving notice to the opposite party, the Court shall make an W.P.(C) 27037/2008 2 endeavour to finally dispose of that application within thirty days from the date on which the injunction was granted and where it is unable to do do so, it shall record its reasons for such inability. In view of Rule 3A of Order XXXIX learned Sub Judge should have disposed the application within thirty days from 5.4.2008. As the grievance of the petitioner is that inspite of the application filed for advancing the hearing, Sub Judge is not disposing the matter, Writ Petition is disposed of directing learned Sub Judge, Sulthan Batheri to pass final orders in I.A.368/2008 on 18.9.2008 itself if possible, and if not within ten days from that date. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006