CHERTHALA TOWN ROTARY WELFARE Vs. SHAJI

JUDGEMENT

(1.) DEFENDANT No.1 in O.S. No.445 of 2010 of the court of learned Munsiff, Cherthala is the petitioner before me. Respondent No.1 has filed the suit against petitioner and respondent No.2 seeking a decree for mandatory injunction for demolition of a structure put up by petitioner allegedly in violation of the Building Rules. Learned Munsiff has passed an interim order of injunction on I.A. No.2975 of 2010. Petitioner filed I.A. No.3046 of 2010 challenging maintainability of the suit and requesting learned Munsiff to reject the plaint under Order VII Rule 11 of the Code of Civil Procedure. In the meantime respondent No.1 also filed certain petitions and the said petitions and I.A. No.3046 of 2010 are pending. Learned counsel for petitioner seeks a direction to the learned Munsiff to dispose of I.A. No.3046 of 2010.

(2.) IT would appear that certain connected petitions are also pending consideration. In the circumstances it will be open to the petitioner to make a request before the learned Munsiff to dispose of I.A. No.3046 of 2010 and if any such request is made learned Munsiff will consider the request and pass appropriate orders on the request made by petitioner. Original Petition is disposed of with the above observation.