IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 16TH NOVEMBER 2010 / 25TH KARTHIKA 1932 OP(C).NO. 744 OF 2010(O) ------------------------------------- OS.189/2010 OF MUNSIFF COURT,VARKALA .................... PETITIONER: ------------------- REVEENDRAN, S/O.PADMANABHAN, AGED 85 YEARS, RAVI VILLA, PANAYARA DESOM, CHEMMARUTHY VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.M.R.RAJESH SMT.A.K.PREETHA RESPONDENT(S): ----------------------- SIMI ASHOK KUMAR, W/O.ASHOK KUMAR, RESHMA, THOKKUDU, PANAYARA.P.O., CHEMMARUTHY VILLAGE, THIRUVANANTHAPURAM-695 121. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 16/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== O.P(C) No.744 of 2010 ==================================== Dated this the 16th day of November, 2010 J U D G M E N T According to the petitioner in respect of the same property there are now three suits pending in the Sub Court, Attingal and Munsiff's Court, Varkala. Petitioner filed O.S. No. 222 of 2008 in the court of learned Sub Judge, Attingal for recovery of damages and injunction against defendants trespassing into the suit property and obtained Ext.P2, order of interim injunction on I.A. No.1415 of 2008. On the strength of that order petitioner has put up a sign board prohibiting entry into the disputed property and also placed stones for the said purpose. Respondent filed a complaint to the police mentioning about pendency of O.S. No.205 of 2008 and O.S. No.189 of 2010. Petitioner learnt that O.S. No.205 of 2008 is pending in the court of learned Munsiff, Varkala with an application for temporary injunction seeking relief with respect to the property involved in O.S. No.222 of 2008. Exhibit P5 is another suit filed by the respondent against one Subashlal and another. According to the petitioner in that suit also property scheduled in O.S. No.222 of 2008 is involved. In the meantime petitioner filed I.A. No.2291 of 2010 in O.S. No.205 of 2008 and O.P(C) No.744 of 2010 -: 2 :- I.A. No.2292 of 2010 in O.S. No.189 of 2010 (both pending in Munsiff's court, Varkala) for his impleadment in the circumstances stated above. Prayer in this petition is to issue a direction to the learned Munsiff to dispose of those applications before other applications in the said suits are decided. Learned counsel states that on the strength of interim order of prohibitory injunction passed in the suits respondent has taken action alleging violation and filed application for issue of commission for removal of obstruction which also is pending. 2. Having regard to the facts and circumstances of the case learned Munsiff, Varkala is directed to dispose of I.A. No.2291 of 2010 in O.S. No.205 of 2008 and I.A. No.2292 of 2010 in O.S. No.189 of 2010 as early as possible. Learned Munsiff shall also take into account apprehension of petitioner that if before those applications are disposed of orders are passed in the application for commission, etc., petitioner might be put to difficulties and irreparable injury. Original Petition is disposed of with the above observation. THOMAS P. JOSEPH, JUDGE. vsv