IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 31ST OCTOBER 2011 / 9TH KARTHIKA 1933 OP(C).No. 3522 of 2011(O) -------------------------------- OS.138/2008 of MUNSIFF COURT, PERUMBAVOOR .................... PETITIONERS ---------------- 1. DEVADAS, S/O. KARTHYAYANI AMMA, AGED 48, MELETH HOUSE, KANINADU KARA, PUTHENCRUZ VILLAGE. 2. KARTHYAYANI, AGED 72, MELETH HOUSE, KANINADU KARA, PUTHENCRUZ VILLAGE. BY ADV. SRI.P.B.PRADEEP RESPONDENT(S): --------------------- T.K. JACOB, S/O. KURUVILA, THOZHUPPAN HOUSE, VELOOR KARA, PUTHENCRUZ VILLAGE, PO, ERNAKULAM-682308. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 31/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs O.P.(C). NO.3522/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE PLAINT IN O.S. NO.138/2008 IN THE COURT OF MUNSIFF, PERUMBAVOOR. P2: COPY OF THE WRITTEN STATEMENT FILED BY THE PETITIONERS DATED 23/05/2008. P3: COPY OF THE COMMISSION APPLICATION DATED 13/12/2010. P4: COPY OF THE I.A. NO.1497/2010 (INJUNCTION APPLICATION) FILED BEFORE THE MUNSIFF COURT, PERUMBAVOOR. P5: COPY OF THE OBJECTION IN I.A.1497/10 FILED BY THE RESPONDENT. P6: COPY OF THE INTERIM ORDER IN I.A. NO.1497/2010 DATED 19/08/2010. P7: COPY OF THE COMMISSION REPORT DATED 10/04/2008 I.A. 1089/08 IN O.S.138/2008. P7(a):COPY OF THE PLAN SUBMITTED BY THE ADVOCATE COMMISSIONER. P8: COPY OF THE FINAL ORDER IN I.A. NO.1497/10 IN O.S.138/08 DATED 04/11/2010. P9: COPY OF THE ORDER IN CMA NO.1/2011 IN THE SUB COURT, PERUMBAVOOR DATED 22/02/2011. P10: COPY OF THE ADVANCE PETITION IN I.A. NO.1864/2011 IN O.S.NO.138/2008 BEFORE THE MUNSIFF COURT, PERUMBAVOOR. P11: COPY OF THE DIRECTION PETITION IN I.A. NO.1863/2011 IN O.S.NO.138/2008. P12: COPY OF THE APPLICATION I.A. NO.1865/2011 IN I.A. NO.2351/2010 IN O.S.138/2008 IN THE COURT OF MUNSIFF, PERUMBAVOOR. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.3522 of 2011 -------------------------------------- Dated this the 31st day of October, 2011. JUDGMENT Petitioners are the defendants in O.S.No.138 of 2008 of the court of learned Munsiff, Perumbavoor. According to the petitioners, respondent filed a suit for fixation of boundary and recovery of possession of three cents. Petitioners filed written statement seeking measurement of the property as per the old survey plan. Petitioners also filed an application for injunction to restrain the respondent constructing building until boundaries are fixed. Though respondent is said to have made an unconditional undertaking in his counter, grievance of the petitioners is that the application for injunction was dismissed by the learned Munsiff without recording the said unconditional undertaking. Petitioners preferred appeal against that order which the learned Sub Judge allowed setting aside the order and remitting I.A.No.1497 of 2010 for fresh disposal. Petitioners filed Ext.P11, application – I.A.No.1863 of 2011 to direct respondent not to make construction in the pathway till disposal of I.A.No.1497 of 2010. Grievance of petitioners is that in the said application also no order has been passed and it is being adjourned. Hence it is prayed that a direction may be issued to the learned Munsiff to dispose of Ext.P11, application as early as possible and to record the unconditional undertaking made by the respondent in Ext.P6. There is also a prayer for injunction to restrain respondent from further constructing any building encroaching the way and as petitioner claims. OP(C)No.3522/2011 2 2. If Ext.P11, application is pending before the learned Munsiff it has been disposed of as early as possible. Petitioners can apprise the learned Munsiff of the requirement to dispose of the said application. Resultantly this Original Petition is disposed of permitting petitioner to request learned Munsiff to expedite disposal of Ext.P11, application (I.A.No.1863 of 2011) and I.A.No.1497 of 2010 and if any such request is made learned Munsiff shall pass appropriate orders as provided under law having regard to the grievance of petitioners. THOMAS P.JOSEPH, Judge. cks