IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 23RD SEPTEMBER 2011 / 1ST ASWINA 1933 OP(C).NO. 3074 OF 2011(O) -------------------------------------- AGAINST THE ORDER DATED 04/04/2011 IN IA.1031/2010 IN OS.252/2010 OF MUN-MAGI COURT, SASTHAMCOTTA .................... PETITIONER: ------------------- ANIJASREE K.S, KULATHINTE MELATHIL, VADAKKUM MURI,PORUVAZHI. BY ADV. SRI.R.KRISHNA RAJ RESPONDENT(S): --------------------------- 1. GOPINATHAN NAIR, JAYA VIHAR,THURUTHIKKARA P.O. KOLLAM DISTRICT PIN 690 540. 2. JAYAN K.G, JAYA VIHAR,THURUTHIKKARA P.O., KOLLAM DISTRICT PIN 690 540. 3. THE SUB INSPECTOR OF POLICE, SASTHAMKOTTA. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 23/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P(C) NO.3074 OF 2011 APPENDIX PETITIONER(S)' EXHIBITS: EXHIBIT P1 COPY OF THE NOTICE. EXHIBIT P2 COPY OF THE SUMMONS. EXHIBIT P3 COPY OF THE PLAINT. EXHIBIT P4 COPY OF THE INTERIM APPLICATION. EXHIBIT P5 COPY OF THE OBJECTION. EXHIBIT P6 COPY OF THE WRITTEN STATEMENT. EXHIBIT P7 COPY OF THE INTERIM INJUNCTION. EXHIBIT P8 COPY OF THE INTERIM APPLICATION. RESPONDENT(S)' EXHIBITS: NIL TRUE COPY P.S. TO JUDGE THOMAS P.JOSEPH, J. ==================================== O.P(C) No.3074 of 2011 ==================================== Dated this the 23rd day of September, 2011 J U D G M E N T Learned Government Pleader appears for the third respondent. 2. Petitioner is the defendant in O.S. No.252 of 2010 of the court of learned Munsiff-Magistrate, Sasthamcotta. That is a suit filed by the first respondent for a decree for prohibitory injunction against trespass into the suit property and buildings situated thereon. Petitioner/daughter-in-law of first respondent would contend that she, along with the second respondent-her husband were staying in the matrimonial home which according to her is the shared household. While so, the second respondent went abroad in connection with employment and from then onwards first respondent started harassing her and the three year old child. They were forcibly taken from the shared household to the petitioner's paternal home in July, 2010. First respondent filed the suit and obtained an order of injunction. Based on that order, the third respondent is harassing petitioner and her child alleging violation of injunction. It is submitted that though O.P(C) No.3074 of 2011 -: 2 :- petitioner had filed written statement and counter to the application for injunction on 25.01.2011, learned Munsiff has passed the order of injunction on 04.04.2011 and hence has filed Ext.P8, application to set aside the said order pointing out that counter and the written statement were filed on 25.01.2011 which were not taken into account and order of injunction was passed without hearing petitioner. Prayer in this petition is to direct learned Munsiff to consider Ext.P8, application and set aside the order of injunction passed on 04.04.2011. Further direction sought is to the third respondent not to interfere with the dispute between petitioner and first respondent. 3. I have heard learned counsel for petitioner and the Government Pleader. 4. Since this is a civil dispute between petitioner and first respondent there is no reason to think that third respondent would interfere in the matter. At any rate, if there is any such interference it is open to the petitioner to bring the same to the notice of the learned Munsiff and seek appropriate relief. 5. So far as Ext.P8, application is concerned if the same is pending the same has to be disposed of as early as possible. Resultantly, this Original Petition is disposed of directing the learned Munsiff-Magistrate, Sasthamcotta to dispose of Ext.P8, O.P(C) No.3074 of 2011 -: 3 :- application if steps on that application are over, there is no legal impediment in doing so and if it is still pending, as early as possible having regard to the grievance of petitioner. Learned Munsiff may also consider whether the dispute can be referred to the Adalath so that the matter could be settled between the parties. THOMAS P. JOSEPH, JUDGE. vsv