Chellamma, Vadakkathil Veedu vs Muhamed Salim

Thomas P. Joseph, J.—Respondent appears through counsel.

Petitioner is the first Defendant in O.S. No. 289 of 2010 of the court of learned Munsiff, Varkala filed by the Respondent for a decree for prohibitory injunction. Respondent also filed an application for temporary injunction and obtained an ex parte order against Petitioner, her daugher-in-law and grandson. Petitioner has filed objection to the application for injunction. She also filed Ext.P2, application for injunction and Ext.P3, application for the appointment of an Advocate Commissioner which are still pending consideration before the learned Munsiff. Grievance of Petitioner is that in the meantime the application filed by the Respondent for injunction was disposed of without considering Exts.P2 and P3, applications.

Though, certain other prayer are also made in this original petition which having regard to the circumstances I am not inclined to think, should be granted by this Court, if Exts.P2 and P3, applications are not disposed of so far, learned Munsiff has to advert to that and pass appropriate orders on those applications as circumstances warranted. Resultantly this original petition is disposed of directing learned Munsiff, Varkala to dispose of Exts.P2 and P3, applications for injunction and appointment of Advocate Commissioner filed by the Petitioner and Ors. after giving opportunity to the Respondent/Plaintiff to file counter and after hearing both sides, as early as possible.