IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 28TH OCTOBER 2010 / 6TH KARTHIKA 1932 OP(C).NO. 471 OF 2010(O) ------------------------ (I.A. NO.3046 OF 2010 IN O.S. NO.445 OF 2010, MUNSIFF'S COURT, CHERTHALA) PETITIONER: ------------------ CHERTHALA TOWN ROTARY WELFARE ASSOCIATION, REGISTER NO.240/1994, ROTARY HOUSE, NEAR ANTHRAPER GARDEMS, CHERTHALA REPRESENTED BY ITS SECRETARY. BY ADV. SRI.K.N.VENUGOPALA PANICKER RESPONDENT(S): ------------------------ 1. SHAJI, S/O.VELU, AGED ABOUT 45 YEARS, ILLATHUVELY, CMC-23, CHERTHALA, ALAPPUZHA DISTRICT. 2. CHERTHALA MUNICIPALITY REPRESENTED BY THE SECRETARY, MUNICIPAL OFFICE, CHERTHALA, ALAPPUZHA DISTRICT. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 28/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== O.P(C) No.471 of 2010 ==================================== Dated this the 28th day of October, 2010 J U D G M E N T Defendant No.1 in O.S. No.445 of 2010 of the court of learned Munsiff, Cherthala is the petitioner before me. Respondent No.1 has filed the suit against petitioner and respondent No.2 seeking a decree for mandatory injunction for demolition of a structure put up by petitioner allegedly in violation of the Building Rules. Learned Munsiff has passed an interim order of injunction on I.A. No.2975 of 2010. Petitioner filed I.A. No.3046 of 2010 challenging maintainability of the suit and requesting learned Munsiff to reject the plaint under Order VII Rule 11 of the Code of Civil Procedure. In the meantime respondent No.1 also filed certain petitions and the said petitions and I.A. No.3046 of 2010 are pending. Learned counsel for petitioner seeks a direction to the learned Munsiff to dispose of I.A. No.3046 of 2010. 2. It would appear that certain connected petitions are also pending consideration. In the circumstances it will be open to the petitioner to make a request before the learned Munsiff to dispose of I.A. No.3046 of 2010 and if any such request is made O.P(C) No.471 of 2010 -: 2 :- learned Munsiff will consider the request and pass appropriate orders on the request made by petitioner. Original Petition is disposed of with the above observation. THOMAS P. JOSEPH, JUDGE. vsv