IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 22ND JUNE 2011 / 1ST ASHADHA 1933 OP(C).No. 1475 of 2011(O) CMA.15/2010 OF SUB COURT, MUVATTUPUZHA PETITIONER: -------------------- JOS LUIS, S/O.LUIS, AGED 39 YEARS, VADAYATHUKUZHIYIL @ KAPPILPUTHENPURAYIL HOUSE, ALAPURAM KARA, ELANJI VILLAGE, PRESENTLY WORKING AT ENGALND REP. BY HIS FATHER AND AUTHORIZED AGENT LOUIS S/O.VARKEY, AGED 79 YEARS, VADAYATHUKUZHIYIL @ KAPPILPUTHENPURAYIL HOUSE, ALAPURAM KARA, ELANJI VILLAGE, ERNAKULAM DIST. BY ADV. SRI.C.B.SREEKUMAR RESPONDENTS: --------------- 1. JOSE V.GEORGE, S/O.GEORGE, AGED 42 YEARS, VADAYATHUKUZHIYIL HOUSE, ALAPURAM KARA, ELANJI VILLAGE, ERNAKULAM DISTRICT, PIN-686 665. 2. SUJA, W/O.JOSE V.GEORGE, AGED 42 YEARS, VADAYATHUKUZHIYIL HOUSE, ALAPURAM KARA, ELANJI VILLAGE, ERNAKULAM DISTRICT, PIN-686 665. BY ADV. SRI.KALEESWARAM RAJ THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 22/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE SALE DEED NO.322 OF 1998 DATED 21.2.1998. EXT.P2 TRUE COPY OF THE PLAINT IN O.S.NO.393 OF 2010 BEFORE THE HONOURABLE MUNSIFF'S COURT, MUVATTUPUZHA DATED 24.9.2010. EXT.P3 TRUE COPY OF THE INJUNCTION APPLICATION FILED AS I.A.NO.2621 OF 2010 ALONG WITH THE AFFIDAVIT DATED 24.9.2010. EXT.P4 TRUE COPY OF COMMISSION REPORT FILED BY THE ADVOCATE COMMISSIONER DATED 13.10.2010. EXT.P5 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE RESPONDENTS DATED 8.10.2010. EXT.P6 TRUE COPY OF THE ORDER DATED 29.11.2010 IN I.A.NO.2621/2010 IN O.S.NO.393/2010. EXT.P7 TRUE COPY OF THE MEMORANDUM OF APPEAL IN CMA.NO.15 OF 2010 FILED BY THE PETITIONER DATED 13.12.2010. EXT.P8 TRUE COPY OF THE INJUNCTION APPLICATION FILED AS I.A.NO.1787 OF 2010 DATED 13.12.2010. EXT.P9 TRUE COPY OF THE PETITION TO CALL FOR THE RECORDS DATED 20.12.2010. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// AHZ/ K.T.SANKARAN, J. ------------------------------------------------------ O.P.(C). NO. 1475 OF 2011 O ------------------------------------------------------ Dated this the 22nd day of June, 2011 JUDGMENT The petitioner, plaintiff in O.S.No.393 of 2010 on the file of the Court of the Munsiff of Muvattupuzha, prays for an early disposal of C.M.A.No.15 of 2010 pending before the Sub Court, Muvattupuzha. 2. The suit was filed by the petitioner for permanent prohibitory injunction. He filed I.A.No.2621 of 2010 in the suit for temporary injunction. That application was dismissed by the order dated 29.11.2010, against which, the petitioner filed C.M.A.No.15 of 2010 before the Sub Court, Muvattupuzha. That appeal is pending. The petitioner wants an early disposal of the appeal. 3. It is submitted by the counsel on either side that the suit is listed for trial in the month of November, 2011. The learned counsel appearing for the respondents submitted that C.M.A.No.15 of 2010 was posted to 13.6.2011 and it was O.P.(C) NO.1475 OF 2011 :: 2 :: adjourned on the ground that the petitioner was not ready. The learned counsel appearing for the petitioner submitted that this statement is not correct and that no adjournment was sought for by the petitioner. 4. It is also stated by the counsel on either side that C.M.A.No.15 of 2010 is posted for final hearing on 6.7.2011. It is submitted by both parties that they will be ready to argue the case on 6.7.2011 and that no adjournment will be sought for by either side. This submission is recorded. The Sub Court, Muvattupuzha shall dispose of CMA.No.15 of 2010 at the earliest. The Original Petition is disposed of as above. (K.T.SANKARAN) Judge ahz/