IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 27TH JANUARY 2010 / 7TH MAGHA 1931 WP(C).No. 2591 of 2010(O) ------------------------------------------ AGAINST THE ORDER IN IA 61/2010 IN OS.6/2010 of PRINCIPAL SUB COURT,KOCHI .................... PETITIONER(S): ----------------------- M.I.DAVOOD, S/O.MURUKKUMCHERIL ISMAIL, C.C.13/403, K.C.ROAD, CHULLIKKAL, THOPPUMPADY VILLAGE, KOCHI-5. BY ADV. SRI.M.V.BOSE SRI.VINOD MADHAVAN SMT.NISHA BOSE RESPONDENT(S): --------------------------- MATTANCHERRY JEEVA MATHA CHURCH, (ROMAN CHATHOLIC CHURCH)MATTANCHERRY, MATTANCHERRY VILLAGE, REPRESENTED BY ITS VICAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = W.P.(c).No.2591 of 2010 = = = = = = = = = = = = = = Dated this the 27 th day of January, 2010 JUDGMENT Heard both sides. 2. The writ petitioner, who was not a party to O.S.No.235 of 1994 on the file of the Sub Court, Kochi, claims to have filed a suit as O.S.No.6 of 2010 before the Sub Court, Kochi for a perpetual injunction restraining the Mattancherry Jeeva Matha Church from evicting the petitioner from the plaint A Schedule Property in execution of the decree in the aforementioned suit O.S.No.235 of 1994. 3. The grievance of the petitioner is that Ext.P5 application for interim relief filed as I.A.No.61 of 2010 in the above suit has not been disposed of by the Sub Court. 4. Without going into the merits of the case, this writ petition is disposed of directing the Sub Court, Kochi to hear and dispose of I.A.No.61 of 2010, as expeditiously as possible and at any rate within one month from the date of receipt of a copy of this judgment, after giving both sides an opportunity of being heard. In case that court is not able to dispose of Ext.P5 W.P.(c)No.2591 of 2010 2 application within the above time frame for valid reasons, it shall send a report to this Court through the Registry explaining the reasons as to why the above time frame could not be kept. All further proceedings in execution of decree in O.S.No.235 of 1994 shall be kept in abeyance for the period of the said one month. Dated this the 27 th day of January, 2010. V. RAMKUMAR, JUDGE sj