The petitioner instituted O.S.No.515/2014 before the Munsiff Court, Mavelikkara claiming a right of way against the defendants. To be more precise, the plaintiff claimed to be the owner of plaint item No.1 and the defendants plaint item No.2. Plaint item No.3 is the way. The plaintiff would say that the plaint item No.3 is the only means of access to her property. 2. Along with the suit, the petitioner moved I.A.No.2393/2014 for temporary injunction. The court below issued notice on the same and the respondents had entered appearance. In the meanwhile, a commission was taken out by the plaintiff and Ext.P3 namely, mahazar, report and sketch have been filed by the Commissioner.
3. The grievance of the petitioner is that while things stood so, the respondents are attempting to put up a barbed wire fence blocking the pathway affecting its use by the petitioner and O.P.(C) No.2825/2014 2 apprehending problem, the petitioner has moved I.A.No.2513/2014 to advance the hearing of I.A.No.2393/2014. Even that is not being taken up is the complaint. The petitioner points out that it is absolutely necessary that the application is heard on merits in order to prevent inconvenience and process of blocking of way by the respondents.
4. In the light of the order that is proposed to be passed, it is felt that notice to the respondents is unnecessary since the only prayer is for a direction for early disposal of I.A.No.2393/2014.
In the result, this petition is allowed and the Munsiff Court, Mavelikkara is directed to take up I.A.No.2393/2014 in O.S.No.515/2014 and dispose of the same in accordance with law and on merits as early as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment.
Sd/-
P.BHAVADASAN JUDGE smp