Harilal, J.
The petitioner is the petitioner in O.P. No.1434/14 on the files of the Family Court, Thrissur. This original petition is filed praying for issuance of a direction to the Family Court, Thrissur, to pass orders on Exts.P4 and P5. Ext.P4 is an application seeking a prohibitory injunction restraining the respondents from forcibly taking the vehicle, bearing Regn. No.KL-08/AZ-1341, into custody. Ext.P5 is an application to advance the hearing of the above O.P., to consider Ext.P4.
2. O.P. No.1434/14 was filed under Section 7(1) of the Family Court Act seeking necessary orders either to return 35 sovereigns of gold ornaments or the cost thereof amounting to Rs.7,70,000/-. It is the case of the petitioner that the respondents are indebted to her a sum of Rs.4 lakhs and the cost of the gold ornaments which were already misappropriated by the respondents. They had borrowed the said amount, which in fact belonged to her parents. The parents of the petitioner insisted that the amount borrowed by the respondents must be repaid as quickly as possible. In the above circumstances, due to lack of money in the petitioner's hand, she requested the respondents to pay the amount to her. But the respondents kept silence in the matter. But, the 1st respondent in turn had entrusted a motorcycle with the petitioner towards the security for the outstanding liability. The 1st respondent while entrusting the motorcycle with the petitioner had promised that he would take back the vehicle after settling the entire debts and liabilities. Accordingly, the motorcycle bearing Regn. No.KL-08/AZ-1341 is being kept by the petitioner in her residential house. The 1st respondent has handed over the R.C.Book also to the petitioner.
3. While so, the respondents started threatening the petitioner that they would forcibly take away the motorcycle from the residence of the petitioner, where it is being kept, and that they would trespass into the house forcefully to take away the said vehicle. On the above apprehension, the petitioner approached the court below and filed Ext.P4, I.A. No.5116/14, in the above O.P. for restraining the respondents from trespassing into the petitioner's house and taking the vehicle forcefully into their custody. Along with that petition, Ext.P5 petition was also filed for advancement of the original petition to a near date so as to hear Ext.P4. The court below has taken up Exts.P4 and P5 in the Bench on 26/11/14 and notice has been ordered thereon and posted the petitions to 18/12/2014 on the ground that caveat is pending. According to the petitioner, it is for the interest of justice that necessary direction may be issued to the Family Court, Thrissur, for passing final orders on Exts.P4 and P5 on a time bound basis, after hearing the petitioner and the caveat petitioner. Otherwise, the petitioner would be put to irreparable injury and great hardship.
4. The learned counsel for the petitioner advanced arguments pointing out the irreparable injury that may cause to the petitioner, if the application for injunction will not be considered immediately.
5. Going by the averments in the original petition and the arguments advanced by the learned counsel for the petitioner at the bar, it is understood that on an apprehension that the respondents will trespass into her property with an intent to take away the motorcycle, which is being kept in her custody on an agreement, she filed an injunction application under Order 39 Rules 1 and 2 of the Code of Civil Procedure along with another application to advance the case for an early hearing. The court below without considering the grievance of the petitioner posted both interlocutory applications to 18/12/2014. The learned counsel further submits that there is every likelihood of taking away the vehicle by force from the custody of the petitioner. The interlocutory application seeking temporary injunction is intended for preservation and protection of the property as such from the threat of mischief raised by the respondents. Therefore, it was incumbent upon the court below to pass necessary orders on the above application at the earliest.
6. Consequently, the court below is directed to consider Ext.P4 and pass orders accordingly, at the earliest, after advancing the case to a near date.
This original petition is disposed of accordingly.
Sd/-
(V.K.MOHANAN, JUDGE)
Sd/-
(K.HARILAL, JUDGE)
okb.