IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 7TH JUNE 2011 / 17TH JYAISHTA 1933 OP(C).No. 1415 of 2011(O) AS.45/2011 AND AS 46/2011 DISTRICT COURT, THODUPUZHA PETITIONER: -------------------- SUBBRAJ, S/O.LATE RANGASWAMY, AGED 51 YEARS, VATTAVADA KARA, VATTAVADA VILLAGE, DEVIKULAM TALUK, IDUKKI DISTRICT. BY ADV. SRI.K.S.HARIHARAPUTHRAN SRI.M.D.SASIKUMAR SRI.GEORGE MATHEW SRI.DIPU JAMES SMT.K.V.RAMYA RESPONDENTS: --------------- 1. THANKAPPAN, AGED 51, S/O.RANGASWAMY, VATTAVADA VILLAGE, DEVIKULAM TALUK, IDUKKI DISTRICT, PIN 685 613. 2. DEVENDRAN, S/O.RATHINASWAMY, VATTAVADA KARA, VATTAVADA VILLAGE, DEVIKULAM TALUK, IDUKKI DISTRICT, PIN : 685 613. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 07/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ O.P.(C). NO. 1415 OF 2011 O ------------------------------------------------------ Dated this the 7th day of June, 2011 JUDGMENT The petitioner filed O.S.No.154 of 2005 on the file of the Munsiff's Court, Devikulam, against the respondents for injunction. The first respondent filed O.S.No.170 of 2005 on the file of the Munsiff's Court, Devikulam, against the petitioner and his brother for injunction. Both the suits were tried together and, as per Ext.P2 common judgment dated 22.1.2007, the trial court dismissed O.S.No.154 of 2005 and decreed O.S.No.170 of 2005. Challenging the judgment and decree of the trial court, the petitioner filed A.S.Nos.45 of 2011 and 46 of 2011. There is a delay of 2 ½ years in filing the appeals. The petitioner filed I.A.Nos.126 of 2011 and 127 of 2011 in the appeals praying for condonation of delay. It is submitted that the applications for condonation of delay have not been disposed of. The learned counsel for the petitioner submitted that notice was served to the respondents in those applications. The prayer made by the O.P.(C) NO.1415 OF 2011 :: 2 :: petitioner is for a direction to dispose of the applications for condonation of delay in filing A.S.Nos.45 and 46 of 2011. 2. Though the respondents were served with notice, there is no appearance. In the facts and circumstances of the case, the Original Petition is allowed. The District Court, Thodupuzha shall consider and dispose of I.A.Nos.126 of 2011 in A.S.No.45 of 2011 and I.A.No.127 of 2011 in A.S.No.46 of 2011, as expeditiously as possible. The prayer for stay of operation of Ext.P2 judgment till the disposal of the applications for condonation of delay is rejected. (K.T.SANKARAN) Judge ahz/