IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 18TH NOVEMBER 2008 / 27TH KARTHIKA 1930 WP(C).No. 33981 of 2008(U) -------------------------------------------- OS.773/2008 of MUNSIFF COURT, KODUNGALLUR .................... PETITIONER: ALPHONSA, AGED 51 YEARS, W/O.KURIAKOSE, MALIEKKAL HOUSE, MUTTANKARA, ALUVA, ERNAKULAM. BY ADV. SRI.RENJITH THAMPAN RESPONDENTS: 1. RAJAPPAN, S/O KANNAN, PARAMAD HOUSE, POOPATHY, MALA (VIA), THRISSUR. 2. SIVAKUMAR, S/O VELAYUDHAN, THERILAN HOUSE, POOPATHY, MALA (VIA), THRISSUR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. Balachandran, J. -------------------------- W.P.(C)No.33981 of 2008 U -------------------------- JUDGMENT Petitioner is the plaintiff in O.S.No.773/08 on the file of the Munsiff's Court, Kodungallur. Her grievance is that the suit was filed on 30.9.2008, wherein, she moved I.A.No.1566/08 for grant of temporary injunction restraining the respondents from obstructing her enjoyment of the scheduled property and also applied for issue of a commission and that the Commissioner has filed report as well, but the respondents have not filed any counter and despite insistence from the side of the petitioner to have the injunction application heard, the court below refused to pass orders on the injunction application and posted it to 4.12.2008 along with the suit, when the petitioner is in urgent need of emergent orders on the injunction application. 2. In the circumstances, I direct the court below to pass appropriate orders on the injunction application forthwith. Petitioner is directed to WPC 33981/08 2 produce a copy of this judgment in the court below with notice to the respondents, as this writ petition is being disposed of without notice to the respondents. The writ petition is disposed of as above. Issue copy urgently to the counsel for the petitioner. 18th November, 2008 (K.P.Balachandran, Judge) tkv