IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 21ST JULY 2010 / 30TH ASHADHA 1932 WP(C).No. 17120 of 2010(O) -------------------------- AGAINST THE ORDER IN IA 209/10 IN OS.29/2010 of I ADDL.MUNSIFF COURT.,ERNAKULAM .................... PETITIONER: --------------- DR.SARASWATHY KRISHNAMOORTHY, W/O.KRISHNAMOORTHY, 39/468, MONASTERY ROAD, KARACKAMURI, KOCHI-11. BY ADV. SRI.S.KRISHNAMOORTHY RESPONDENTS: --------------- 1. MRS.RETNA KALADEVIDAS, W/O.K.DEVIDAS, VINAYAKA, NORTH PARAVUR VILLAGE, ERNAKULAM DISTRICT. 2. MR.K.DEVIDAS, VINAYAKA, NORTH PARAVUR, ERNAKULAM DISTRICT. 3. CIRCLE INSPECTOR OF POLICE, CENTRAL POLICE STATION, ERNAKULAM. ADV. SRI.C.A.CHACKO FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 17120 of 2010 APPENDIX PETITIONERS' EXHIBITS: EXHIBIT P1 : PLAINT IN O.S.No.29 OF 2010 FILED BEFORE the 1st ADDITIONAL MUNSIFF COURT, ERNAKULAM EXHIBIT P2 : I.A DTD. 11.01.2010 IN O.S.No.29 OF 2010 FILED BEFORE the 1st ADDITIONAL MUNSIFF COURT, ERNAKULAM EXHIBIPT P3 : COMPLAINT DTD. 08.01.2010 SUBMITTED BEFORE CIRCLE INSPECTOR OF POLICE, ERNAKULAM CENTRAL POLICE STATION EXHIBIT P4 : MODIFICATION PETITION FILED BY THE DEFENDANTS DTD. 23.04.2010 EXHIBIT P5 : AMENDMENT PETITION DTD. 25.01.2010 BEFORE THE 1st ADDITIONAL MUNSIFF COURT, ERNAKULAM RESPONDENTS' EXHIBITS: NIL True Copy P.A to Judge THOMAS P JOSEPH, J. ---------------------------------------- W.P.C.No.17120 of 2010 --------------------------------------- Dated this 21st day of July, 2010 JUDGMENT Parties hereto are neighbours but, on certain matters they are not able to come to terms. It appears that on an apprehension that respondents might trespass into the suit property and demolish the boundary wall petitioner filed the suit in the court of learned Additional Munsiff-I, Ernakulam as O.S.No.29 of 2010 and filed I.A.No.209 of 2010 for an order of temporary injunction. Learned Munsiff passed order of status quo on 20-01-2010. Counter move came from the respondents. They moved the vacation court and applied for a modification of the order of status quo as prayed for in Ext.P4. Later the regular court dismissed I.A.No.209 of 2010 on 01-06-2010. At that juncture petitioner approached this court with this writ petition seeking a direction to the respondents to maintain status quo and not to make any construction until an appeal is preferred against the order on I.A.No.209 of 2010. This court while admitting the writ petition on 02-06-2010 issued an order directing both sides to maintain status quo. That order remains in force even now. Learned counsel for petitioner states that C.M.A.No.61 of 2010 filed by petitioner is W.P.C.No.17120 of 2010 : 2 : posted on 31-07-2010 and until then the order of status quo may continue. Learned counsel for respondents content that writ petition has become infructuous since relief sought is only up to filing of appeal against order on I.A.No.209 of 2010 and the appeal is already filed. Hence the writ petition is only to be dismissed as infructuous. Learned counsel for petitioner contends that since the order of status quo was in force as per the order of this court, application for injunction was not perused in C.M.A.No.61 of 2010 pending in the court of learned Additional District Judge-II, Ernakulam. 2. Now that C.M appeal has been preferred by the petitioner, it is not necessary to keep alive this writ petition. No doubt, relief sought for in the petition is a direction to the respondents to maintain status quo until the appeal is preferred but, learned counsel for petitioner submits that since the order of status quo passed in this writ petition was in force petitioner did not pursue the application for stay/injunction as the case may be in the C.M appeal. Learned counsel states that C.M appeal is posted on 31-07-2010. Having regard to the facts and circumstances of the case parties are directed to maintain status quo until 31-07-2010. It will be open to the parties to seek W.P.C.No.17120 of 2010 : 3 : appropriate relief as the case may be in C.M appeal No.61 of 2010 as circumstances warranted. Resultantly this writ petition is closed directing the parties to maintain status quo until 31-07-2010. (THOMAS P JOSEPH, JUDGE) Sbna/-