IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN WEDNESDAY, THE 17TH DECEMBER 2008 / 26TH AGRAHAYANA 1930 WP(C).No. 37223 of 2008(F) -------------------------- OS.602/2003 of PRL.M.C.,NEYYATTINKARA .................... PETITIONER: --------------- ALISTER BOSE, S/O. DEVAVARAM, AGED 54 YRS. RETNA VILASOM BUNGLOW, KALLUM MUGAM THIRUPURATHOOR DESOM, THIRUPURAM PAKUTHY FROM JOTHY B HAVAN, THALAPULAYAN VILASOM NALLOORVATTOM DESOM, KULATHOOR VILLAGE BY ADV. SRI.G.S.REGHUNATH SRI.A.S.SHAMMY RAJ RESPONDENT: --------------- VILASINI W/O. VALSALA DAS, AGED 59 YRS. PADMAVILASOM BUNGLOW NALLOORVATTOM DESOM, KULATHOOR VILLAGE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. BALACHANDRAN, J. ------------------------------- W.P(C) No. 37223 OF 2008-F ------------------------------- Dated this the 17th December, 2008. JUDGMENT Petitioner is the decree holder in O.S.602/2003 on the file of the Munsiff's Court, Neyyattinkara. As per Ext.P1 decree passed in the said suit the respondent/defendant is restrained by a permanent prohibitory injunction from doing any act which would go to close down or alter the plaint schedule path way as described in Ext.P2 plan. The grievance of the petitioner is that at present the respondent is spreading broken pieces of bricks and broken glass bottles and stones in the 'c' schedule path way and rendering it incapable of being used as a path way and that the obstructions are to be got removed for which he filed Ext.P4 execution application and Ext.P5 application for issuance of a commission to ascertain the details as also the expenses that may have to be incurred for restoring the path way to its original position but that though Ext.P5 application was filed on 17.9.2008 that is being adjourned indefinitely and that despite filing Ext.P6 application on 27.11.2008 to have the hearing of Ext.P5 application advanced from 12.12.2008 WPC 37223/2008 2 to the nearest possible date, the court below has not passed any orders enabling Exts. P4 and P5 being considered on an early date and he, therefore prays that appropriate directions be given to the Munsiff, Neyyattinkara where E.P.266/2008 is pending to dispose of Exts.P4 and P5 within a time limit to be fixed by this Court. 2. Counsel for the petitioner submits that he would be satisfied if an appropriate direction is given to the court below to dispose of Ext.P4 at the earliest. 3. Considering the circumstances of the case I am of the view that appropriate direction deserves to be issued to the court below in the matter for relief being granted to the petitioner. In the result I direct the Munsiff, Neyyattinkara to dispose of Ext.P4 execution petition filed by the petitioner in O.S.602/2003 as expeditiously as possible and in any event before 31.1.2009. Counsel for the petitioner is directed to produce a copy of this judgment before the learned Munsiff forthwith, with notice to counsel for the respondent in the court below so as to enable the Munsiff to comply with the directions given above. This writ petition is disposed of with the WPC 37223/2008 3 above directions. Issue copy of this judgment to the counsel for the petitioner urgently. K.P.BALACHANDRAN JUDGE jj