KIDANGAZHI MANAKKAL NARAYANAN Vs. KARUNAKARAN @ CHINNAN

JUDGEMENT

(1.) Petitioner is the Plaintiff in O.S. No. 195/2010 on the file of the Massif's Court, Manjeri. The dispute is with respect to the right of way which according to the Petitioner is a private way. The Respondent contended that the disputed way is a public way. The suit is pending before the Massif's Court, Manjeri. Petitioner filed I.A. No. 906/2010 for temporary injunction to restrain the Defendant from trespassing into the plaint schedule property, from destroying or demolishing the gate and board written 'private way' and from interfering with the Plaintiff's possession of the plaint schedule property or in maintaining the board and gate. The learned Munsiff considered the above IA along with the connected I As. By order dated 22/11/2010 marked as Ext.P2 the learned Munsiff dismissed I.A. No. 906/2010 and connected petitions. The Petitioner preferred C.M. Appeal No. 6/2011 before the District Court, Manjeri challenging the order passed in IA. No. 906/2010. The said appeal is pending consideration. It is submitted that along with the appeal the Petitioner filed an application for temporary injunction, which is pending consideration without disposal. Therefore, this original petition is filed seeking for a direction to the District Court, Manjeri to take up, consider and dispose of C.M. Appeal No. 6/2011 and IA filed for temporary injunction within the time frame as may be fixed by this Court. The Petitioner is aggrieved by the non-consideration of the application for injunction, which is pending consideration before the District Court, Manjeri. According to him, the non-passing of the order in the IA causes severe hardship to the Petitioner. Since the prayer is limited for a direction to dispose of the injunction application, this Court is of the view that the original petition can be disposed of without issuing notice to the Respondent.

(2.) In the circumstances, the original petition is disposed of with a direction to the District Court, Manjeri to hear and dispose of the petition for injunction within a period of fifteen days from the date of receipt of a copy of this judgment. Petitioner shall produce a copy of this judgment before the District Judge, Manjeri immediately.

(3.) In the circumstances, the original petition