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. 1257 of 2010(O) ------------------------- OS.347/2010 of MUNSIFF'S COURT, PUNALUR .................... PETITIONER: ---------------------- CHEMPAKAVALLI, AGED 72, W/O.LATE RAMACHANDRAN PILLAI, CHITHRALAYAM, PUNALUR VILLAGE, PATHANAPURAM TALUK. BY ADV. SRI.PRAVEEN K. JOY RESPONDENT(S): --------------------------- RENUKA RANI, AGED 46, W/O.RAJAN, ARADHANAYIL, MUNDAYUR WEST VILLAGE, KOLLAM TALUK - 691 001. 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.1257 of 2010 ==================================== Dated this the 21st day of December, 2010 J U D G M E N T Defendant in O.S. No.347 of 2010 of the court of learned Munsiff, Punalur is the petitioner before me. That is a suit for prohibitory injunction against creating documents and for other reliefs concerning the suit property. Petitioner has raised a contention that suit is not maintainable under Rule 2 of Order 2 of the Code of Civil Procedure in view of the decision in O.S. No.42 of 2003 of the court of learned Sub Court, Kottarakkara between the same parties, concerning the very same property, the learned Munsiff has no pecuniary jurisdiction to entertain the suit and for the reasons stated in Ext.P3, the application challenging maintainability of the suit. Grievance of petitioner is that so far, that application has not been disposed of and hence petitioner requests that a direction may be issued to the trial court to dispose of the application within a time frame. 2. Without understanding the volume of work and priority for disposal of old cases I am not inclined to give any direction for O.P(C) No.1257 of 2010 -: 2 :- time bound disposal of Ext.P3, application. It is open to the petitioner to request the learned Munsiff to dispose of Ext.P3, application expeditiously and if any such request is made learned Munsiff shall consider the request and pass appropriate orders. Original Petition is disposed of as above. THOMAS P. JOSEPH, JUDGE. vsv