IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 18TH NOVEMBER 2011 / 27TH KARTHIKA 1933 OP(C).No. 3741 of 2011(O) ---------------------------------- AGAINST THE ORDER DATED / / IN IA 1162/2011 IN OS.201/2011 of SUB COURT, KOTTARAKKARA .................... PETITIONES : -------------------- 1. SODARAN, AGED 73 YEARS, S/O.KANNAN, SREEKRISHNA NILAYAM, THAZHAMEL MURI, ANCHAL P.O., KOLLAM. 2. BEENA SODARAN, AGED 47 YEARS, W/O.SODARAN, SREEKRISHNA NILAYAM, THAZHAMEL MURI, ANCHAL P.O., KOLLAM. BY ADVS. SRI.SHABU SREEDHARAN SRI.C.K.PRASAD SRI.T.S.ANURAJ RESPONDENTS : ------------------------ 1. AJITHKUMAR, AGED 41 YEARS, S/O.SODARAN, SREEKRISHNA NILAYAM, AGASTHYAKODE MURI, ANCHAL P.O., KOLLAM-691306. 2. KISHORE, AGED 42 YEARS, KRISHNANJALI, KIZHAKKEKARA MURI, KOTTARAKKARA P.O., KOLLAM-691506. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 18/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: RKM OP(C).No. 3741 of 2011(O) APPENDIX PETITIONER'S EXHIBITS : P1 : COPY OF THE PLAINT IN O.S. NO.201/2011 OF SUB COURT, KOTTARAKKARA DATED 26-08-2011. P2 : COPY OF THE I.A. NO. 1162/11 IN O.S. NO.201/2011 OF SUB COURT, KOTTARAKKARA DATED 26-08-2011. P3 : COPY OF THE OBJECTION IN I.A.NO.1162/2011 IN O.S. NO. 201/2011 OF SUB COURT, KOTTARAKKARA DATED 29-08-2011. P4 : COPY OF THE JUDGMENT IN WPC NO. 16337/2011 BEFORE THIS HON'BLE COURT DATED 11-07-2011. P5 : COPY OF THE COMPLAINT BY THE 1ST PETITIONER BEFORE THE POLICE AUTHORITIES AGINST THE RESPONDENTS DATED 05-10-2011. RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ PA TO JUDGE RKM THOMAS P. JOSEPH, J. ---------------------------------------- O.P(C).No.3741 of 2011 --------------------------------------- Dated this 18th day of November, 2011 JUDGMENT Petitioners are the plaintiffs in O.S.No.201 of 2011 of the Court of learned Sub Judge, Kottarakkara. They are the aged husband and wife and sought for a decree for prohibitory injunction against respondents trespassing into the suit property and committing waste. They also moved Ext.P2, application for temporary injunction. No interim order is passed, it is submitted. Though, objection is preferred, the application is being adjourned without passing any order. Petitioners are under threat of forcible dispossession. In the circumstance, it is requested that learned Sub Judge may be directed to dispose of Ext.P2, application for injunction as early as possible. Learned counsel submitted that Ext.P2, application was preferred on 26.08.2011 and so far, it is not disposed of. 2. Without understanding the volume of work of the Court concerned I do not think it necessary or proper to issue any direction for time bound disposal. But the grievance of petitioner has to be look into by the Court. Petitioners can request learned Sub Judge for expeditious disposal of Ext.P2, application. O.P(C).No.3741 of 2011 -: 2 :- Learned Sub Judge shall also bear in mind the mandate of law that an application for injunction is to be disposed of within 30 days. This original petition is disposed of with the above direction. (THOMAS P. JOSEPH, JUDGE) Sbna/-