IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 11TH MARCH 2011 / 20TH PHALGUNA 1932 OP(C).No. 928 of 2011(O) OS.852/2010 OF MUNSIFF'S COURT, ERNAKULAM PETITIONER: PETITIONER: DEFENDANT: -------------------- SIVAPRASAD T.K, AGED 66 YEARS S/O.T.R.KUMARAN, THOTTUNKAL HOUSE PARAYAKAD PO,THURAVOOR, CHERTHALA, PIN 688 540. BY ADV. SRI.P.SANJAY SMT.A.PARVATHI MENON SRI.BIJU MEENATTOOR RESPONDENT: RESPONDENT: PLAINTIFF: --------------- ROOBEN CHACKO, KIZHUPPILLIL, CHERUMATTAPPUZHAKARA, KADAMAKKERI, VAZHAKKALA, KAKKANAD, PIN 682 030. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 11/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ O.P.(C). NO. 928 OF 2011 O ------------------------------------------------------ Dated this the 11th day of March, 2011 JUDGMENT The petitioner, the defendant in O.S.No.852 of 2010 on the file of the Court of the Munsiff of Ernakulam, filed I.A.No.1045 of 2011 to advance the hearing of the suit to a near date. (In some of the papers, the number of the suit is shown as O.S.No.852 of 2010, while in some others, it is shown as O.S.No.862 of 2010. In the order impugned, the number is shown as O.S.No.852 of 2010.)The court below, by Ext.P4 order dated 18.2.2010, dismissed the application stating that there is no necessity to advance the hearing as interim injunction was granted due to the omission on the part of the petitioner to file counter. 2. Learned counsel for the petitioner submitted that the petitioner had filed I.A.No.807 of 2011 (Ext.P2) dated 31.1.2011 to vacate the interim order of injunction in I.A.No.5376 of 2010 and, therefore, the court below was not justified in rejecting the prayer in I.A.No.1045 of 2011. O.P.(C) NO.928 OF 2011 :: 2 :: 3. It is not necessary to consider whether Ext.P4 order is correct or not. The defendant (petitioner herein) has filed I.A.No.807 of 2011 to vacate the interim order of injunction. The court below has not disposed of the same. It is only just and proper to dispose of the same after hearing both parties on a date convenient to the Court, however, without much delay. Therefore, the Original Petition is disposed of directing the Munsiff's Court, Ernakulam to dispose of I.A.No.807 of 2011 on a date convenient to the Court, however, without much delay. (K.T.SANKARAN) Judge ahz/