IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 9TH NOVEMBER 2011 / 18TH KARTHIKA 1933 OP(C).No. 3597 of 2011(O) ---------------------------------- OS.718/2010 of PRL.M.C., KOLLAM ................................................ PETITIONER: -------------------- VICTOR CLEETUS, AGED 51 YEARS, SON OF PATHROSE, VIJO VILASOM, PERAYAM, KUNDARA, KOLLAM – 691 503. BY ADVS. SRI.JOHNSON GOMEZ SRI.ANIL ELGIN THAMPI SRI.S.BIJU (KIZHAKKANELA) RESPONDENT(S): ------------------------ 1. LAL KUMAR, AGED 49 YEARS, SON OF KARUTHA KUNJU RESIDING AT ABHIRAMI, HOUSE NO.311, WARD NO.VI, PERAYAM CHERRY, PERAYAM PANCHAYATH, MULAVANA.P.O. KUNDARA, KOLLAM DISTRICT – 691503. 2. RAJALEKSHMI, AGED 36 YEARS, W/O.LAL KUMAR, RESIDING AT ABHIRAMI, HOUSE NO.311, WARD NO.VI, PERAYAM CHERRY, PERAYAM PANCHAYATH, MULAVANA.P.O. KUNDARA, KOLLAM DISTRICT – 691503. 3. SMT. ASWATHY, AGED 28 YEARS, D/O. OMANA, RESIDING AT ABHIRAMI, HOUSE NO.311, WARD NO.VI, PERAYAM CHERRY, PERAYAM PANCHAYATH, MULAVANA.P.O. KUNDARA, KOLLAM DISTRICT – 691503. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 09/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: STU OP(C).No. 3597 of 2011(O) APPENDIX PETITIONER'S EXHIBITS: P1 : COPY OF THE PLAINT IN O.S. NO. 718/2010 ON THE FILE OF THE MUNSIFFS COURT, KOLLAM. P2 : COPY OF THE ORDER DTD 15/10/2010 IN I.A. NO. 4599/2010 IN O.S. NO. 718/2010 PASSED BY THE MUNSIFFS COURT, KOLLAM. P3 : COPY OF THE I.A. NO. 425/2011 IN O.S. NO.718/2010 BEFORE THE MUNSIFF COURT, KOLLAM. RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.A TO JUDGE. STU THOMAS P.JOSEPH, J. ==================================== O.P(C) No.3597 of 2011 ==================================== Dated this the 09th day of November, 2011 J U D G M E N T Plaintiff in O.S. No.718 of 2010 of the court of leaned Munsiff, Kollam is the petitioner before me seeking a direction to the learned Munsiff for time bound disposal of Ext.P3, application preferred under Rule 2A of Order XXXIX of the Code of Civil Procedure. Learned counsel submitted that in the suit for prohibitory injunction learned Munsiff passed Ext.P2, interim order restraining the respondents from trespassing into the property but it has been violated by the respondents with the assistance of the local police concerning which petitioner has already preferred a criminal complaint. It is submitted that while Ext.P3, application is pending Ext.P2, order is being violated. It is therefore requested that learned Munsiff may be directed to dispose of the application within a time frame. 2. Without understanding the volume of work of the court concerned and the nature of enquiry learned Munsiff is to conduct in the matter I do not intent to issue any direction for time bound disposal. But grievance of the petitioner has to be redressed. Learned Munsiff is directed to make every effort to O.P(C) No.3597 of 2011 -: 2 :- dispose of Ext.P3, application (after completing all steps in the matter) as early as possible. Original Petition is disposed of with the above direction. THOMAS P. JOSEPH, JUDGE. vsv