IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 24TH MARCH 2010 / 3RD CHAITHRA 1932 WP(C).No. 9990 of 2010(O) ------------------------------------- (O.S.NO.750/2007 OF II ADDL.MUNSIFF'S COURT, ERNAKULAM) .................... PETITIONERS: --------------------- 1. JOSEPH, AGED 68 YEARS, S/O. VARUTHU, RESIDING AT PANACKAL HOUSE, WINNERS' ROAD, SOUTH CHITTOOR, KOCHI-682 027. 2. MINI ANTONY JOLLY, AGED 36 YEARS, D/O. JOSEPH & WIFE OF ANTONY JOLLY, RESIDING AT AZHEKKAKATH HOUSE, SOUTH CHITTOOR, ERNAKULAM, KOCHI-27, CHERANALLORE VILLAGE, KANAYANNUR TALUK. BY ADVS. MR.A.BALAGOPALAN, MR.A.RAJAGOPALAN, MR.M.N.MANMADAN. RESPONDENTS: ------------------------ 1. HOLY FAMILY CHURCH, SOUTH CHITTOOR, REPRESENTED BY ITS TRUSTEE GEORGE, S/O. KUNJU VARUTHU, AGED ABOUT 72, KOLARIKKAL HOUSE, SOUTH CHITTOOR, CHERANELLOOR VILLAGE, KANAYANNUR TALUK. 2. ANTONY KOPPANDISSERY, VICAR OF HOLY FAMILY CHURCH, AGED ABOUT 63 YEARS, HOLY FAMILY CHURCH, SOUTH CHITTOOR, CHERANELLOOR VILLAGE, KANAYANNUR TALUK. 3. ANTONY, S/O. XAVIER, AGED ABOUT 37, RESIDING AT VELOLIL HOUSE, SOUTH CHITTOOR, CHERANELLORE VILLAGE, KANAYANNUR TALUK. W.P.(C). NO.9990/2010-O: 4. SIMON, S/O. CHOWRY, AGED ABOUT 47 YEARS, KUZHIVELIL HOUSE, SOUTH CHITTOOR, CHERANELLOOR VILLAGE, KANAYANNUR TALUK. 5. ROY, S/O. RAPPO, AGED ABOUT 47, RESIDING AT KUMBANAYIL HOUSE, SOUTH CHITTOOR, CHERANELLOOR VILLAGE, KANAYANNUR TALUK. 6. JIMSON, S/O. JAIMY, AGED ABOUT 32, MANAYIL HOUSE, SOUTH CHITTOOR, CHERANELLOOR VILLAGE, KANAYANNUR TALUK. 7. JOY, S/O. GEORGE, AGED ABOUT 44, KUZHIVELIL HOUSE, SOUTH CHITTOOR, CHERANALLORE VILLAGE, KANAYANNUR TALUK. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P. BHAVADASAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C). No. 9990 of 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of March, 2010. JUDGMENT The limited prayer in this petition filed under Article 227 of the Constitution of India is for a direction to the 2nd Additional Munsiff's Court, Ernakulam to take up Exts.P3 and P4 and dispose them of on merits at the earliest. 2. The petitioners are the plaintiffs in O.S. 750 of 2007 on the file of the 2nd Additional Munsiff's Court, Ernakulam. The suit was one for prohibitory injunction. Plaint schedule property has an extent of 0.750 cents comprised in Sy. No.333/13 with a building therein. The petitioners are in possession of the same. The allegation was that the defendants in the suit were trying to evict them from the property and therefore the suit was laid. 3. It is pointed out that the suit was included in the special list. The suit was dismissed for default. It WPC.9990/10 2 is contended that the petitioners were under the bonafide belief that the matter would be settled. Subsequently the petitioners have filed an application for restoration of the suit with a petition to condone the delay in fling the petition for restoration. Those applications are kept pending and the respondents are taking steps to dispossess the petitioners. It is prayed that there may be a direction to dispose of the applications at the earliest. 4. The request seems to be quite reasonable. There is no reason as to why the court below should not take up Exts.P2 and P3 and dispose them of so as to enable the petitioners to have the matter decided on merits. In the result, there will be a direction to the 2nd Additional Munsiff's Court, Ernakulam to take up Exts.P3 and P4 and dispose them of as early as possible at any rate before vacation. P. BHAVADASAN, JUDGE sb.