IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 1ST DECEMBER 2011 / 10TH AGRAHAYANA 1933 OP(C).No. 3913 of 2011(O) ------------------------- OS.72/2011 of MUNSIFF COURT.,PATHANAMTHITTA .................... PETITIONERS: ------------------------------ 1. CHANDRABABU, S/O. BALAKRISHNA PILLAI, KALLINTETHU VEEDU, EDASSERIMALA MURI, ARANMULA VILLAGE, KOZHENCHERRY TALUK. 2. SUDHEER S/O. BALAKRISHNA PILLAI, KALLINTETHU VEEDU, EDASSERIMALA MURI, ARANMULA VILLAGE, KOZHENCHERRY TALUK. 3. ASHALATHA, D/O. BALAKRISHNA PILLAI, KALLINTETHU VEEDU, EDASSERIMALA MURI, ARANMULA VILLAGE, KOZHENCHERRY TALUK. BY ADV. SRI.M.BALAGOVINDAN SRI.T.K.ANANDA PADMANABHAN RESPONDENTS: --------------- 1. SUJATHA.K.NAIR, W/O. LATE K.B.ANIYAN, THULISALA MANNIL VEEDU, ELANTHOOR P.O., ELANTHOOR MURI AND VILLAGE, KOZHENCHERRY TALUK. 2. AKHIL K.A. (MINOR), S/O.LTE K.B.ANIYAN. THUISALA MANNIL VEEDU, ELANTHOOR P.O., ELANTHOOR MURI AND VILLAGE, KOSHENCHERRY TALUK. 3. ADARSH K.A. (MINOR),S/O.LATE K.B.ANIYAN. THULISALA MANNIL VEEDU, ELANTHOOR P.O., ELANTHOOR MURI AND VILLAGE, KOZHENCHERRY TALUK. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 01/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C).No. 3913 of 2011 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1: TRUE COPY OF THE PLAINT IN OS 72/2011 OF THE MUNSIFF COURT, PATHANAMTHITTA. EXHIBIT P2: TRUE COPY OF THE I.A.397/2011 IN OS.72/2011 OF THE MUNSIFF COURT, PATHANAMTHITTA DATED FEBRUARY 2O11 EXHIBIT P3: TRUE COPY OF THE INJUNCTION OR DER IN I.A.397/2011 IN O.S.72/2011 OF THE MUNSIFF COURT, PATHANAMTHITTA DATED 11/12/2011. EXHIBIT P4: TRUE COPY OF THE INTERIM APPLICATION IN IA.544/2011 IN O.S.72/2011 FILED BY THE PETITIONER DATED FEBRUARY 2011. RESPONDENTS' EXHIBITS : NIL /True Copy/ P.A to Judge THOMAS P. JOSEPH, J. ---------------------------------------- O.P(C).No.3913 of 2011 --------------------------------------- Dated this 01st day of December, 2011 JUDGMENT Petitioners are the defendants in O.S.No.72 of 2011 of the Court of learned Munsiff, Pathanamthitta. Respondents obtained an ex parte, interim order of injunction against them. Petitioners preferred objection to that application and a counter-injunction application. According to the petitioners, learned Munsiff heard the applications in March 2011 but, no order could be passed. In the meantime the Munsiff was transferred but no other officer has assumed office. Now the charge of learned Munsiff is given to the learned Munsiff, Adoor. It is stated that on account of the interim order of injunction remaining in force and the application filed by petitioners is not disposed of, petitioners are put to much difficulties. Hence a direction is prayed for early disposal of the applications. 2. It would appear that charge of learned Munsiff, Pathanamthitta is given to the learned Munsiff, Adoor. Without understanding the volume of work of that Court it is not appropriate for me to issue any direction for early disposal of the applications. But, I make it clear that it is open to the petitioners O.P(C).No.3913 of 2011 -: 2 :- to bring the urgency of the matter to the notice of learned Munsiff, Adoor, appraise learned Munsiff about the difficulties, they say, they are experiencing and request learned Munsiff to dispose of the applications. It is open to the petitioners to request learned District Judge, Pathanamthitta under Sec.24 of the Code of Civil Procedure to transfer the suit to some other Munsiff's Court if such a situation is warranted for disposal of the application and the suit. With the above observations this original petition is closed. (THOMAS P. JOSEPH, JUDGE) Sbna/-