IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 15TH OCTOBER 2010 / 23RD ASWINA 1932 FAO.No. 191 of 2010() --------------------- AGAINST THE ORDER DATED 08/04/2010 IN IA.4868/09 IN AS.153/2009 of PRL.S.C.,THALASSERY OS.373/2008 of PRL.M.C.,KANNUR .................... APPELLANT/PETITIONER: --------------------------- ASHOKAN KORAMBETH, S/O.KUNHAMBU, AGED 45 YEARS, RESIDING AT IPANCHU, P.O.THOTTADA, KANNUR DISTRICT,THROUGH POWER OF ATTORNEY HOLDER PURUSHOTHAMAN KORAMBETH, S/O.KUNHAMBU, AGED 54 YEARS, RESIDING AT `KORAMBETH HOUSE', NARIKODE, PARAPRAM P.O., MUZHAPPALA, KANNUR DISTRICT. BY ADV. MR.GRASHIOUS KURIAKOSE RESPONDENTS/RESPONDENTS: ---------------------------------- 1. THE SECRETARY, ELAYAVOOR GRAMA PANCHAYAT, P.O.MUNDAYAD, KANNUR DISTRICT. 2. THE SREE UMAMAHESWARA KSHETRA YOGAM, KEEZHUTHALLI, REPRESENTED BY ITS SECRETARY SURESH BABU, S/O.ANANDAN, NEAR SREE UMAMAHESWARA TEMPLE, KEEZHUTHALLI, THOTTADA, KANNUR DISTRICT. ADV. MR.C.KRISHNAN(KANNUR) FOR R1 MR.P.U.SHAILAJAN FOR R1 MR.N.NAGARESH FOR R2 MR.K.BABU FOR R-2 THIS FIRST APPEAL FROM ORDERS HAVING BEEN FINALLY HEARD ON 15/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: HARUN-UL-RASHID, J. ------------------------ F.A.O.No.191 Of 2010 ---------------------- Dated this the 15th day of October, 2010. J U D G M E N T Appellant is the plaintiff in O.S.No.373 of 2008 on the file of the Munsiff Court, Kannur and is the appellant in A.S.No.153 of 2009 on the file of the Sub Court, Thalassery. Appellant filed the suit for mandatory injunction seeking to remove the obstructions in the plaint schedule property. Plaint schedule property is a road lying on the southern side of his residential property. The trial court dismissed the suit. Before the appellate court the plaintiff filed I.A.No.4868 of 2009 for an interim order permitting him to use the front portion of the gate of his house by removal of the iron rod and bars situated in front of the gate of the plaint schedule property. By order dated 8.4.2010 the appellate court dismissed the I.A. The appeal is preferred against the said order. The appellate court found that the appellant is not entitled to the reliefs sought for in I.A.No.4868 of 2009 and the petition is devoid of any merit and therefore dismissed. 2. The appeal is of the year 2009. Without going into the merits of the contentions raised by the respective parties, I am of F.A.O.No.191 Of 2010 ::2:: the view that the appeal can be disposed of directing the Sub Court, Thalassery to hear and dispose of the appeal within a reasonable time. Accordingly, it is directed that the learned Sub Judge shall hear and dispose of the appeal within a period of three months from the date of receipt of a copy of this judgment. 3. It is said that the construction of the house situated in the plaint schedule property is completed and the appellant wish to occupy the house shortly. Respondents shall not object to the use of the pathway lying on the southern side of the plaint schedule property pending disposal of the appeal. The said pathway is the old way that lead to the temple from the National Highway. The said arrangement was made based on the submission made the learned counsel for the appellant that the appellant have no means of access to his property other than the disputed road and the above said pathway lying on the southern side of this property. The appeal is disposed of as above. HARUN-UL-RASHID, Judge. bkn/-