IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 28TH NOVEMBER 2011 / 7TH AGRAHAYANA 1933 OP(C).No. 3867 of 2011(O) -------------------------------------- CMA.NO.31/2011 of SUB COURT,IRINJALAKUDA .................... PETITIONER -------------------- 1. BINITHA,AGED 38,W/O.MUPPATHITTIPARAMBIL SHAJUDHEEN,PAPPINIVATTAM VILLAGE DESOM, KODUNGALLOOR TALUK, PIN CODE 680 685. 2. ABDUL AZEEZ,AGED 51,S/O.KOLOTHUMPARAMBIL MOOSA,KAIPAMANGALAM VILLAGE AND DESOM, KODUNGALLOOR TALUK,REPRESENTED BY HIS POWER OF ATTORNEY HOLDER SALIM,AGED 38, S/O.MUPPATHITTIPARAMBIL MUHAMMED,PAPPINIVATTAM, VILLAGE AND DESOM,KODUNGALOOR TALUK,PIN- 680 685. BY ADV. SRI.P.N.RAMAKRISHNAN NAIR SRI.P.VISWANATHAN RESPONDENT(S): ---------------------------- GIREESH KUMAR,AGED 36,S/O.NELLIPARAMBIL AYYAPPAN,PERINJANAM VILLAGE AND DESOM, KODUNGALLOOR TALUK, PIN CODE- 680 686. BY THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 28/11/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts OP(C)NO.3867/2011 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1. TRUE PHOTOSTAT COPY OF THE POWER OF ATTORNEY. EXHIBIT P2. TRUE PHOTOSTAT COPY OF THE APPEAL MEMORANDUM IN CMA NO.31 OF 2011. EXHIBIT P3. TRUE PHOTOSTAT COPY OF I.A.NO.5696 OF 2011 IN CMA.31 OF 2011. RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ P.A.TO.JUDGE sts THOMAS P. JOSEPH, J. ---------------------------------------- O.P(C).No.3867 of 2011 --------------------------------------- Dated this 28th day of November, 2011 JUDGMENT Petitioners are the plaintiffs in O.S.No.247 of 2004 of the Court of learned Munsiff, Kodungallur. That is a suit for prohibitory injunction to restrain the respondent destroying barbed wire fencing, cutting open a new passage through suit property etc. When that suit was listed for trial, petitioners could not appear and hence the suit was dismissed. That was followed by petitioners filing application for restoration of suit and to condone the delay. Those applications were dismissed against which petitioners preferred C.M.A.No. 31 of 2011 in the Court of learned Sub Judge, Irinjalakkuda. Petitioners filed Ext.P3, application for early disposal of the C.M appeal. 2. Grievance of petitioners is that the C.M appeal has not so far been disposed of. Hence this original petition seeking a direction for early disposal of the C.M appeal. 3. Learned counsel submits that since the C.M appeal is not disposed of petitioners are put to much difficulties and inconvenience. Having regard to the circumstances stated, learned Sub Judge, Irinjalakkuda is directed to dispose of O.P(C).No.3867 of 2011 -: 2 :- C.M.A.No.31 of 2011 as early as possible if preliminary steps are over and if there is no legal impediment in its disposal. With the above direction, this original petition is disposed of. (THOMAS P. JOSEPH, JUDGE) Sbna/-