IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 10TH NOVEMBER 2011 / 19TH KARTHIKA 1933 OP(C).No. 3653 of 2011(O) ---------- ------------------------- OS.97/2011 of MUNSIFF COURT, PAYYANNUR ........................................................ PETITIONERS : ----------------------- 1. THALIYIL SUKUMARAN,AGED 57 YEARS, S/O.KALYANI AMMA,PAYYANNUR AMSOM,THAYINERI DESOM, TALIPARAMBA TALUK,KANNUR DISTRICT. 2. KALLACHI THANKAMANI,AGED 50 YEARS, W/O.THALIYIL SUKUMARAN,PAYYANNUR AMSOM, THAYINERI DESOM,P.O.PAYYANNUR,KANNUR DISTRICT. BY ADV. SRI.M.V.AMARESAN SRI.P.A.PAREED PILLAY RESPONDENT(S): ------------------------ 1. SREE THULUVANNUR MAHA VISHNU KSHETRAM, THAYINERI,PAYYANNUR REPRESENTED BY ITS SECRETARY SRI.PRABHAKARAN.T.V,RESIDING AT THAYINERI, P.O.PAYYANNUR,KANNUR DISTRICT,PIN-670307. 2. SIVADASAN.E.P,PRESIDENT,REPRESENTING SREE THULUVANOOR MAHAVISHNU TEMPLE,THAYINERI, P.O.PAYYANNUR,KANNUR DISTRICT RESIDING AT KELOTH, PAYYANNUR AMSOM DESOM,PIN-670307. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 10/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: STU OP(C).No. 3653 of 2011(O) APPENDIX PETITIONER(S) EXHIBITS : EXT.P1 TRUE COPY OF THE AFFIDAVIT FILED IN SUPPORT OF I.A.1063/11,BY THE PETITIONER EXT.P2 TRUE COPY OF COUNTER TO EXHIBIT P1 DTD:10-08-2011 EXT.P3 TRUE COPY FO THE REPORT FILED BY THE COMMISSIONER DATED 23-06-2011. EXT.P3(A) TRUE COPY OF SKETCH OF THE PROPERTY DATED 23-06-2011 SUBMITTED BY THE ADVOCATE COMMISSIONER. EXT.P4 TRUE COPY OF COMMISSION REPORT DATED 22-07-2011. EXT.P5 TRUE COPY OF THE COMMISSION REPORT DATED 1-09-2011. EXT.P5(A) TRUE COPY OF EYE SKETCH OF THE PROPERTY SUBMITTED BY THE ADVOCATE COMMISSIONER DATED 1-09-2011. EXT.P6 TRUE COPY OF THE PHOTOGRAPH OF THE III BEDDED SON OF THE PETITIONER. EXT.P7 TRUE COPY OF THE APPLICATION TOGETHER WITH THE AFFIDAVIT FILED IN SUPPORT OF THE APPLICATION AS I.A.1618/2011 DATED 28-09-2011. EXT.P7(A) TRUE COPY OF COUNTER FILED BY THE RESPONDENT DATED 4-10-2011. EXT.P8 TRUE COPY OF COMMISSION REPORT OF DATED 23-09-2011. EXT.P9 TRUE COPY OF THE PHOTOGRAPH SHOWING THE OBSTRUCTION MADE TO 'B' SCHEDULE ROAD. EXT.P10 TRUE COPY OF THE AFFIDAVIT FILED IN SUPPORT OF IMPLEADING PETITION I.A.1725/11 DATED 19-10-2011. EXT.P11 TRUE COPY OF THE 3RD ADVANCE HEARING PETITION ON 3-11-2011 AS I.A.1790/2011 FILED BY THE PETITIONER. EXT.P12 TRUE COPY OF IMPLEADING PETITION AS I.A.1801/2011 DATED 4-11-2011. RESPONDENTS' EXHIBITS : NIL //TRUE COPY// P.A TO JUDGE. STU THOMAS P.JOSEPH, J. ==================================== O.P(C) No.3653 of 2011 ==================================== Dated this the 10th day of November, 2011 J U D G M E N T Petitioners are the plaintiffs in O.S. No.97 of 2011 of the court of leaned Munsiff, Payyannur. Learned Munsiff passed an interim order restraining the respondents from interfering with petitioners enjoying plaint B schedule described as a way leading to the property of petitioners. According to the petitioners that order was served on the respondents on 05.07.2011 but on 25.08.2011 respondents violated the order blocking plaint B schedule. Petitioners have filed Ext.P7, application for mandatory injunction for restoration of the disputed way. Grievance of petitioners is that the said application is not disposed of so far. Hence it is prayed that a direction may be issued to the learned Munsiff to dispose of application within a time frame. 2. Without understanding the stage of Ext.P7, application and the volume of the work of the court concerned I do not consider it necessary or proper to issue a direction for time bound disposal of the application. But Ext.P7, if it remains to be disposed of, has to be disposed of after preliminary steps are complete as O.P(C) No.3653 of 2011 -: 2 :- early as possible, having regard to the grievance of petitioners. Original Petition is disposed of directing learned Munsiff, Payyannur to dispose of Ext.P7, if it remains to be disposed of after competing steps as early as possible and if there is no legal impediment in doing so, having regard to the grievance of petitioners. THOMAS P. JOSEPH, JUDGE. vsv