IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE MONDAY, THE 11TH JUNE 2007 / 21ST JYAISHTA 1929 WP(C).No. 22940 of 2005(E) -------------------------- CMA.24/2004 of DISTRICT COURT, PATHANAMTHITTA .................... PETITIONER: ------------ 1. GHEEVARGHESE, S/O. VARGHESE, KANIYANTHARA, PALLIVATHUKKAL, KADAMPANAD VILLAGE, ADOOR TALUK. 2. PAUL, S/O. GHEEVARGHESE, KANIYANTHARA, PALLIVATHUKKAL, KADAMPANAD VILLAGE, ADOOR TALUK. BY ADV. SRI.ABRAHAM MATHEW (VETTOOR) RESPONDENTS: ------------- LISSY, KAROOR THONDALIL, KADAMPANAD NORTH, ADOOR VILLAGE. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON ON 11/06/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:0 PIUS C. KURIAKOSE, J. ---------------------------------- W.P.(C) NO. 22940 of 2005 ---------------------------------- Dated this the 11th day of June 2007 JUDGMENT There is no appearance for the respondent even though she has been served with notice. The petitioners' grievance is that though a Civil Miscellaneous Appeal(CMA) was preferred by them against an order of injunction passed by the learned Munsiff by the impugned order, the learned District Judge dismissed the application for condonation of delay of 27 days caused in the matter of filing the CMA and consequently dismissed the CMA itself. At this distance of time I do not think that any usual purpose will be served from the anybody's point of view by directing the learned District Judge to take the CMA back on file and decide the CMA on merits. 2. The writ petition will stand disposed of directing the Munsiff Court Adoor to expedite the trial of O.S. No. 498/2003 and dispose of the same at the learned Munsiff's earliest untrammeled by anything which is stated in the order which was WPC No.22940/2005 2 passed in I.A. 604/2004 in CMA 24/2004 which was dismissed by the learned District Judge. The learned Munsiff will treat the findings and observations, if any, in the order of injunction and in the order of the District Court as provisional and take a decision in the suit on the basis of the evidence which comes on record during trial. PIUS C. KURIAKOSE, JUDGE. dpk