IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 5TH AUGUST 2011 / 14TH SRAVANA 1933 OP(C).No. 1941 of 2011(O) ------------------------- OS.289/2010 of MUNSIFF COURT,VARKALA .................... PETITIONER: ---------------------- CHELLAMMA, AGED 90, VADAKKATHIL VEEDU, ELAKAMON.P.O., AYIROOR, VARKALA, THIRUVANANTHAPURAM-695 310. BY ADV. SRI.G.BHAGAVAT SINGH RESPONDENT(S): ---------------------------- MUHAMED SALIM, S/O. MOHAMMED, MOHAMED KAZIM LABBA, ODITTA BANGLOW, ELAKAMON.P.O.,AYIROOR, VARKALA, THIRUVANANTHAPURAM-695 310. BY ADV. SRI.B.KRISHNA MANI THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 05/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss OPC.NO.1941/2010 O APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE PLAINT IN O.S.NO.289/10 DTD.11/10/2010. P2: COPY OF THE I.A.NO.2370/10 FILED BY THE PETITIONER DTD. 15/11/10. P3: COPY OF THE I.A.2610/10 FILED BY THE PETITIONER DTD. 22/08/09. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss THOMAS P JOSEPH, J. ---------------------------------------- O.P(C).No.1941 of 2011 --------------------------------------- Dated this 05th day of August, 2011 JUDGMENT Respondent appears through counsel. 2. Petitioner is the first defendant in O.S.No.289 of 2010 of the court of learned Munsiff, Varkala filed by the respondent for a decree for prohibitory injunction. Respondent also filed an application for temporary injunction and obtained an ex parte order against petitioner, her daugher-in-law and grandson. Petitioner has filed objection to the application for injunction. She also filed Ext.P2, application for injunction and Ext.P3, application for the appointment of an Advocate Commissioner which are still pending consideration before the learned Munsiff. Grievance of petitioner is that in the meantime the application filed by the respondent for injunction was disposed of without considering Exts.P2 and P3, applications. 3. Though, certain other prayer are also made in this original petition which having regard to the circumstances I am not inclined to think, should be granted by this Court, if Exts.P2 and P3, applications are not disposed of so far, learned Munsiff has to advert to that and pass appropriate orders on those O.P(C).No.1941 of 2011 -: 2 :- applications as circumstances warranted. Resultantly this original petition is disposed of directing learned Munsiff, Varkala to dispose of Exts.P2 and P3, applications for injunction and appointment of Advocate Commissioner filed by the petitioner and others after giving opportunity to the respondent/plaintiff to file counter and after hearing both sides, as early as possible. (THOMAS P JOSEPH, JUDGE) Sbna/-