SANATHANAN PILLAI Vs. THANKAPPAKURUP

JUDGEMENT

(1.) EXT .P15, order passed by the learned Principal Sub Judge, Kollam on I.A.No.516 of 2013 in O.S.No.247 of 2005 refusing direction to the police to render assistance for enforcement of the order of injunction already passed, is under challenge.

(2.) BY Ext.P3, order, learned Principal Sub Judge disposed of I.A.No.796 of 2012 issuing directions to the respondents and at the same time making it clear that respondents are permitted to do renovation work of the temple including replacement of tiles, plastering of the walls etc. for the benefit of the temple. According to the petitioner, in violation of the said order, respondents demolished the existing structure and even shifted the deities. Petitioner filed Exts.P8 and P10, applications under Order XXXIX, Rule 2A of the Code of Civil Procedure (for short, "the Code"). Petitioner also filed Ext.P2, application to appoint a receiver for the disputed property. It is while so, that petitioner filed I.A.No.516 of 2013 seeking assistance of police to enforce Ext.P3, order of injunction.

(3.) THOUGH in this original petition, challenge is to Ext.P16, order, having heard learned counsel for petitioner and gone through the records, I am inclined to think that what is necessary at this stage is to direct learned Principal Sub Judge to dispose of Ext.P2, application for appointment of receiver and Exts.P8 and P10, applications filed under Order XXXIX Rule 2A of the Code. Learned counsel requested that since suit is of the year, 2005, trial and disposal of the suit also may be expedited.