IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 26TH MARCH 2010 / 5TH CHAITHRA 1932 WP(C).No. 10462 of 2010(O) --------------------------------------- OS.348/2009 of MUNSIFF COURT,ATTINGAL .................... PETITIONER(S): -------------------- M/S.CONDOR BUILDERS PVT.LTD., CONDOR PLAZA,PATTOM PALACE P.O.,THIRUVANANTHAPURAM REP.BY ITS MANAGING DIRECTOR SIVAPRASAD, S/O.VIDHYADHARAN, LATHALAYAM,KOWDIAR PO, KURAVANKONAM, THIRUVANANTHAPURAM. BY ADV. MR.M.R.ANANDAKUTTAN SMT.M.A.ZOHRA MR.R.S.MADHU RESPONDENT(S): ------------------------- 1. SUKUMARAN NAIR, VARUVILAKOM, PALLIPPURAM,THIRUVANANTHAPURAM. 2. RAVEENDRAN NAIR, VARUVILAKOM, PALLIPPURAM,THIRUVANANTHAPURAM. 3. BABU MOHANAN, VARUVILAKOM, PALLIPPURAM,THIRUVANANTHAPURAM. 4. RAJESH BABU, SREESAILAM, PALLIPPURAM,THIRUVANANTHAPURAM. 5. MANIKANTAN, PALAMON VEEDU, PALLIPPURAM,THIRUVANANTHAPURAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.BHAVADASAN, J. ------------------------------------- WP(C) No.10462 of 2010-O ------------------------------------- Dated 26th March 2010 Judgment In this Writ Petition, the following reliefs are sought for : “i. issue appropriate writ, order or direction to the Munsiff's Court, Attingal to dispose of Ext.P1 suit - OS No.348/09 within a time frame to be fixed by this Honourable Court. ii. to issue an appropriate order or direction to the Munsiff's Court, Attingal to dispose of Ext.P3 at the earliest and in accordance with law allowing the petitioner to construct the compound wall as per Ext.P3 conditions as an interim order within a time frame to be fixed by this court and to enable the implementation of the same without further obstruction from the respondent or their men.” 2. The petitioner is the plaintiff in OS No.348 of 2009 pending before the Munsiff's Court, Attingal, seeking a decree of permanent prohibitory injunction, restraining the defendants who are respondents herein from WPC 10462/10 2 obstructing from the peaceful possession and enjoyment of Plaint A schedule property by the plaintiff. Copy of the plaint is Ext.P1. Though the plaint A schedule property is within well demarcated boundaries, when the petitioner tried to put up a compound wall, it was obstructed by the respondents. So, the petitioner filed IA No.2022/09 for appointment of an Advocate Commissioner and IA No.2021/09 for interim injunction. The injunction as prayed for was granted. Thereafter, the petitioner filed an application for modification of the interim order, a copy of which is produced as Ext.P3. This Writ Petition is filed praying for a direction to the Munsiff's Court, Attingal to dispose of Ext.P3 expeditiously. 3. In the nature of the order that is proposed to be passed in this Petition, it is felt that it is unnecessary to issue notice to the respondents. Being a suit of the year 2009, it will be harsh on the part of this Court to direct disposal of the suit. But the prayer for a direction to dispose of Ext.P3 is only just and reasonable. Accordingly, WPC 10462/10 3 this Writ Petition is disposed of directing the Munsiff's Court, Attingal to take up Ext.P3 IA, hear it and dispose of the same in accordance with law as expeditiously as possible, at any rate, before the midsummer vacation commences. P.BHAVADASAN, JUDGE sta WPC 10462/10 4