IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 21ST OCTOBER 2009 / 29TH ASWINA 1931 WP(C).No. 29750 of 2009(O) -------------------------- CMA.13/2009 of SUB COURT, PAYYANNUR OS.321/2009 of MUNSIFF COURT, THALIPARAMBA .................... PETITIONERS: ---------------------- 1. JOHN KALAPPURAKKAL, AGED 48 YEARS, S/O.VARGHESE, KALAPPURAKKAL HOUSE, ETTUPARA, PAYYAVOOR, THALIPARAMBA, KANNUR DISTRICT. 2. VARGHESE KALAPPURAKKAL, AGED 72 YEARS, S/O. YOHANNAN, KALAPPURAKKAL HOUSE, ETTUPARA, PAYYAVOOR, THALIPARAMBA, KANNUR DISTRICT. 3. THOMAS KALAPPURAKKAL,AGED 35 YEARS, S/O.VARGHESE, KALAPPURAKKAL HOUSE, ETTUPARA, PAYYAVOOR, TALIPARAMBA, KANNUR DISTRICT. 4. JOSEPH KALAPPURAKKAL, AGED 70 YEARS, S/O. YOHANNAN, KALAPPURAKKAL HOUSE, ETTUPARA, PAYYAVOOR, TALIPARAMBA, KANNUR DISTRICT. 5. AUGUSTHY KALAPPURAKKAL, AGED 68 YEARS, S/O.YOHANNAN, KALAPPURAKKAL HOUSE, ETTUPARA, PAYYAVOOR, TALIPARAMBA, KANNUR DISTRICT. BY ADVS. MR.M.SASINDRAN MR.V.GIRISHKUMAR RESPONDENT(S): ----------------------- ATTANGATTIL JONSON JOSEPH, S/O. JOSEPH, ETTUPARA, PAYYAVOOR, TALIPARAMBA, KANNUR DISTRICT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ----------------------------------- W.P.(C).No.29750 of 2009 - O --------------------------------- Dated this the 21st day of October, 2009 J U D G M E N T Petitioners are the defendants in O.S.No.321 of 2009 on the file of the Munsiff Court, Payyannur. The above suit was filed by the respondent seeking a decree of perpetual prohibitory injunction in the suit. Respondent applied for an interim injunction in respect of B schedule pathway setting forth a right of prescriptive easement over that way. Petitioners/defendants resisted that application by filing objections. Sustaining the objections of the defendants learned Munsiff passed Ext.P1 order dismissing the interlocutory application for injunction. Respondent/plaintiff preferred an appeal against Ext.P1 order before the Sub Court, Payyannur and the appeal numbered as C.M.A.No.13 of 2009 awaits hearing and disposal. In the above appeal learned Sub Judge has directed to maintain the status quo as on the date the advocate commissioner conducted local inspection over the suit properties and filed a report taking note of the features presented at spot. The only grievance canvassed W.P.(C).No.29750 of 2009 - O 2 by the petitioner in the present writ petition is for an expeditious disposal of the appeal by issuing appropriate orders/directions to the Sub Court, Payyannur. 2. Having regard to the submissions made by the counsel for the petitioner and the facts and circumstances presented, I find no notice to the respondent is necessary and it is dispensed with. 3. Learned Sub Judge is directed to give priority to the hearing of the appeal and dispose it of after hearing both sides expeditiously, at any rate, within a period of four months from the date of receipt/production of a copy of this judgment. Subject to the above directions, the writ petition is closed. S.S.SATHEESACHANDRAN, JUDGE. bkn/-