IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 24TH SEPTEMBER 2010 / 2ND ASWINA 1932 WP(C).No. 23209 of 2008(K) -------------------------- OS.100/2008 of MUNSIFF COURT, CHALAKUDY .................... PETITIONER: ------------------ GHEE VARGHESE, 57 YEARS, S/O.VAILIKODATH KUNJIPYLO, MALA DESOM, KALLUR THEKUMURY VILLAGE, MUKUNDAPURAM TALUK. BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENTS: ---------------------- 1. SARADA, KUNNUMMEL GOPALAN, ANNAMANADA DESOM, KALLUR THEKUMURY VILLAGE, MUKUNDAPURAM TALUK. 2. MUHAMMADALI, S/O.VAKIYAMPARAMBIL SAITHALY, ANNAMANADA DESOM, KALLUR THEKUMURY VILLAGE, MUKUNDAPURAM TALUK. DELETED 3. BALAKRISHNAN, S/O.KUNNUMEL RAMAN, ANNAMANADA DESOM, KALLUR THEKUMURY VILLAGE, MUKUNDAPURAM TALUK. DELETED 4. ABDULLA, S/O.NEELAMKURI ILLATHU KUNJU @ KUNJUMOIDHEEN, ANNAMANASDA DESOM, KALLUR THEKUMURY VILLAGE, MUKUNDAPURAM TALUK. DELETED Respondents 2 to 4 are deleted from the party array at the risk of the petitioner as per order dated 26/8/08 in IA.No.11000/08. ADV. SRI.FRANCO T.J. FOR R2 TO 4 SRI.SHEEJO CHACKO FOR R1 SRI.M.N.MANOJ FOR R1 SRIA.G.UNNIKRISHNAN FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No.23209/08 APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE PLAINT O.S.NO.100/08 DATED 7/3/08 ON THE FILE OF THE MUNSIFF'S COURT, CHALAKUDY. EXT.P2 TRUE COPY OF THE INJUNCTION ORDER PASSED IN IA.503/08 IN O.S.NO.100/08 ON THE FILE OF THE MUNSIFF' S COURT, CHALAKUDY. EXT.P3 TRUE COPY OF THE IMPLEADING APPLICATION FILED BY THE PETITIONER AS I.A.NO.679/08 IN O.S.100/08. EXT.P4 TRUE COPY OF THE IA.NO.626/08 DATED 24/3/08 EXT.P5 TRUE COPY OF THE APPLICATION I.A.NO.1293/08 IN O.S.NO.100/08 DTD. 10/7/08. EXT.P6 TRUE COPY OF THE OBJECTIONS FILED BY THE PETITIONER HEREIN TO EXT.P4. EXT.P7 TRUE COPY OF THE ORDER PASSED BY THE LEARNED MUNSIFF, CHALAKUDY IN I.A.NO 626/08 IN OS.NO.100/08 DTD. 24/7/08. HARUN-UL-RASHID,JJ. ------------------------------- W.P.(C). NO. 23209 OF 2008 ------------------------------- DATED THIS THE 24TH DAY OF SEPTEMBER, 2010 JUDGMENT The petitioner herein is the additional 5th defendant in the suit. The plaintiff in O.S.No.100/08 filed I.A.No.626/08 praying to restore the position of B and C schedule pathways, after removing the newly erected concrete posts and iron barbed fencing. The Munsiff's Court considered the question in detail and held that the plaintiff is entitled to get an order for removal of the concrete posts. The Munsiff's Court by Ext.P7 order directed the plaintiff to remove the concrete posts erected on the south and east of B and C schedule properties and to restore the property as per the plan submitted by the Commissioner. 2. The learned counsel for the lst respondent/plaintiff submitted that on 29/7/2008 the plaintiff with the help of the Amin deputed by the court below removed the concrete posts erected on the south and east of plaint B and C schedule properties. The -2- WP(C).No.23209/08 counsel produced the report submitted by the Amin on 30/7/2008 reporting to the court that the concrete posts were removed as per the direction contained in Ext.P7 order. In the light of the submission by the learned counsel for the petitioner, it is not necessary to go into the merits of the contentions raised by the additional 5th defendant in the suit, who is the petitioner herein. Since the suit is of the year 2008 and the subject matter relates to the dispute regarding user of a pathway, this Court directs the Munsiff's Court, Chalakudy to dispose of the suit within six months from the date of appearance of the parties. The parties shall appear before the court below on 12/10/2010. With the above observation this writ petition is dismissed. HARUN-UL-RASHID, Judge. kcv. -3- WP(C).No.23209/08