IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN TUESDAY, THE 16TH MARCH 2010 / 25TH PHALGUNA 1931 WP(C).No. 8612 of 2010(O) ----------------------------------- OS.235/2008 of MUNI-MAGI COURT, DEVICOLAM .................... PETITIONER(S): ------------------------ K.V.MURALEEDHARAN,AGED ABOUT 40 YEARS, S/O.K.V.VELAYUDHAN,AISWARYA,SUVARNA ROAD, ELAMAKKARA KARA,EDAPPALLY SOUTH VILLAGE, MAZNAYANNOOR TALUK,ERNAKULAM DISTRICT. BY ADV. MR.P.M.ZIRAJ RESPONDENT(S): ------------------------- SASIDHARAN ALIAS SASI,AGED 52 YEARS, S/O.SREEDHARAN,RESIDING AT KAVALAMPARABIL HOUSE, KANTHALLOOR KARA,KANTHALLOOR VILLAGE, DEVIKULAM TALUK. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss P.BHAVADASAN, J. ------------------------------------- WP(C) No.8612 of 2010-O ------------------------------------- Dated 16th March 2010 Judgment This is a Petition, filed under Article 227 of the Constitution of India, seeking a direction to the Munsiff's Court, Devikulam to dispose Ext.P2 IA pending before the said Court. 2. The petitioner instituted OS No.235/08 before the Munsiff's Court, Devikulam. The suit was one for prohibitory injunction, restraining the respondent and his men, from trespassing into the plaint schedule property. Copy of the plaint in the OS is produced as Ext.P1. Along with the suit, the plaintiff had filed IA No.1605/08, seeking interim injunction under Order XXXIX Rule 1 CPC, a copy of which is produced as Ext.P2. The petitioner submits that on 14.01.2009, due to mistake, the Court below recorded that both parties submitted that they would maintain status quo and recording that submission, Ext.P2 WPC 8612/10 2 IA was dismissed. According to him, no such submission was made before the Court and he, along with the other plaintiffs, filed another IA, seeking to review the order in Ext.P2 IA. The said IA was allowed and Ext.P2 IA was restored to file. The present grievance of the petitioner is that Ext.P2 IA is not being taken up and disposed of by the Court below. He submits that the delay in disposing of the said IA is causing irreparable loss and injury to him. It is also submitted that the respondent and his men are trespassing into his property and threatening him. 3. In the nature of the order that is proposed to be passed in this Petition, it is felt that no notice to the respondent is necessary. There is no justification for the Court below to keep the IA filed by the petitioner, pending. Accordingly, there will be a direction to the Munsiff's Court, Devikulam to take up Ext.P2 IA forthwith and dispose of the same in accordance with law as expeditiously as possible, WPC 8612/10 3 at any rate, within three months from the date of receipt of a copy of this Judgment. The Writ Petition is disposed of as above. P.BHAVADASAN, JUDGE sta WPC 8612/10 4