CHACKO, S/O.KUNCHANDI Vs. MARIAMMA MATHEW

JUDGEMENT

(1.) EXHIBIT P3, order dated 07.11.2012 on I.A. No.2522 of 2012 in O.S. No.86 of 2010 of the Munsiff's Court, Kottarakkara is under challenge.

(2.) PETITIONER -plaintiff sued for a decree of prohibitory injunction against the respondents trespassing into the plaint schedule property or interfering with his possession and enjoyment of the said property. The learned Munsiff passed an interim order of injunction. Alleging violation, the petitioner filed an application under Order XXXIX Rule 2A of the Code of Civil Procedure (for short, "the Code"). Petitioner wanted the suit to be disposed of early. This Court by Ext.P2, judgment dated 13.09.2012 in O.P(C) No.2970 of 2012 directed the learned Munsiff to expedite trial and disposal of the suit, at any rate within six months from that day. In the meantime petitioner filed I.A.No.2522 of 2012 seeking permission to effect repairs and maintenance to the building in the suit property. That was resisted by the respondents and disallowed by the leaned Munsiff as per Ext.P3, order. Learned counsel submits that the application filed by the petitioner for permission was I.A.No.1977 of 2012 and that Ext.P3, order is passed on I.A. No.2522 of 2012 which was to advance hearing of the application.

(3.) THE learned counsel contended that certain observations/findings were made by the learned Munsiff in Ext.P3, order as to the merit of the claim made by the petitioner.