IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 21ST DECEMBER 2010 / 30TH AGRAHAYANA 1932 OP(C).No. 1258 of 2010(O) ------------------------- OS.159/2010 of MUNSIFF COURT, PARAVOOR .................... PETITIONER: ----------------------- SHABU SREEDHARAN,S/O.SREEDHARAN, SREE SAILAM HOUSE,MADAN NADA,THEKKEVILA P.O., KOLLAM DISTRICT,REPRESENTED BY HIS POWER OF ATTORNEY HODLER ADARSH BABU,S/O.BABURAJAN, KAVANATTU VEEDU, THEKKEVILA CHERRY, MUNDAKKAL VILLAGE,KOLLAM DISTRICT. BY ADVS. SRI.C.K.PRASAD, SRI.K.NANDAKUMAR. RESPONDENT(S): --------------------------- JAYASREE R., D/O.RAMACHANDRAN PILLAI,ARAPPURA HOUSE, ULIYANADUCHERRY,KARAMKODU P.O., CHIRAKKARA VILLAGE,KOLLAM DISTRICT. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 21/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss THOMAS P.JOSEPH, J. ==================================== O.P(C) No. 1258 of 2010 ==================================== Dated this the 21st day of December, 2010 J U D G M E N T Defendant in O.S. No.159 of 2010 of the court of learned Munsiff, Paravoor is aggrieved since in spite of learned Munsiff passing ex parte order of injunction on I.A. No.1015 of 2010 even after the expiry of six months that application is not finally disposed of which according to learned counsel is against the spirit of Rule 3A of Order XXXIX of the Code of Civil Procedure (for short, “the Code”). Learned counsel contends that under the cover of interim injunction, arrest of husband of respondent as per warrant of arrest pending against him is being prevented. Learned counsel submits that the application for injunction is posted on 25.01.2011 and unless this Court directs a time bound disposal, it might take further time for disposal of the said application. 2. Rule 3A of Order XXXIX relied on by learned counsel states that where injunction has been granted without notice to the opposite party, the court shall make an endeavour to finally dispose of the application within thirty days from the date on which injunction was granted; and where it is unable so to do, it shall O.P(C) No.1258 of 2010 -: 2 :- record its reasons for such inability. 3. Having regard to the facts and circumstances learned Munsiff is directed to dispose of Ext.P3, application as early as possible. Original Petition is disposed of with the above direction. THOMAS P. JOSEPH, JUDGE. vsv