IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 15TH JUNE 2011 / 25TH JYAISHTA 1933 OP(C).No. 1617 of 2011(O) AGAINST THE ORDER DATED 21/01/2011 IN IA 806/2011 IN OS.124/2011 OF I ADDL.MUNSIFF'S COURT,THIRUVANANTHAPURAM PETITIONER -------------------- SHAMSUDEEN, AGED 61 YEARS, S/O.SAINULABDEEN, T.C.35/2767 VETTAMUKKU, THIRUMALA P.O., THIRUVANANTHAPURAM-695 006. BY ADV. SRI.MOHAN JACOB GEORGE SMT.P.V.PARVATHY SMT.REENA THOMAS SRI.L.RAM MOHAN RESPONDENT: --------------- PREMKUMAR, AGED 39 YEARS, S/O.RAJAPPAN NAIR, RESIDING AT TC 18/847/2 PREM BHAVAN, KONKALAM, ARAMADA P.O., THIRUMALA VILLAGE, THIRUVANANTHA-695 006. BY ADV. SRI.S.SACHITHANANDA PAI THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 15/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 COPY OF THE PLAINT IN O.S.NO.124/2011 OF THE MUNSIFF'S COURT, THIRUVANANTHAPURAM. EXT.P2 COPY OF I.A.NO.806/2011 IN O.S.NO.124/2011. EXT.P3 COPY OF THE ORDER DATED 21.1.2011 IN I.A.NO.806/2011. EXT.P4 COPY OF THE SALE DEED NO.713/2001 OF THE CHALAI SRO. EXT.P5 COPY OF THE APPROVED PLAN ISSUED TO THE PETITIONER BY THE CORPORATION. EXT.P5(a) COPY OF THE PERMIT ISSUED TO THE PETITIONER BY THE CORPORATION. EXT.P6 COPY OF THE COUNTER AFFIDAVIT FILED BY THIS PETITIONER IN O.S.NO.124/2011. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// AHZ/ K.T.SANKARAN, J. ------------------------------------------------------ O.P.(C). NO. 1617 OF 2011 O ------------------------------------------------------ Dated this the 15th day of June, 2011 O R D E R The defendant in O.S.No.124 of 2011, Munsiff's Court, Thiruvananthapuram, challenges in this Original Petition Ext.P3 ad interim order of injunction granted by the trial court. After entering appearance before the court below, the petitioner filed objections in I.A.No.806 of 2011, in which the ad interim order of injunction was passed. It is stated in the Original Petition that I.A.No.806 of 2011 was heard, but no orders were passed. Relief (B) in the Original Petition is for a direction to the court below to dispose of I.A.No.806 of 2011 on the merits within a time limit. 2. The learned counsel appearing for the petitioner submitted that the court below disposed of I.A.No.806 of 2011 making the ad interim order absolute. Therefore, the Original Petition has become infructuous. The Original Petition is, accordingly, dismissed as O.P.(C) NO.1617 OF 2011 :: 2 :: infructuous, leaving open the right of the petitioner to challenge the final order passed in I.A.No.806 of 2011 in accordance with law. (K.T.SANKARAN) Judge ahz/