IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 24TH OCTOBER 2008 / 2ND KARTHIKA 1930 WP(C).No. 26000 of 2008(T) -------------------------- AS.11/2002 of SUB COURT,NEYYATTINKARA O.S. NO. 209/1997 of MUNSIFF'S COURT, NEYYATTINKARA .................... PETITIONERS: 1. THANKAYYAN NADAR VARGHESE, MELEKKONAM THEKKUMKARA PUTHEN VEEDU, ANKODE DESOM, PERUMKADAVILA, NEYYATTINKARA. 2. THANKAYYAN NADAR RAJAYYAN, CHEKKALATHOTTATHU PUTHEN VEEDU, ANCODE DESOM, NEYYATTINKARA. 3. PETER SON OF B.T. FERNANDEZ, SANTHIMANGALAM VEEDU, ATHIYANNOOR, NEYYATTINKARA. BY ADV. SRI.V.SURESH SRI.G.SUDHEER RESPONDENTS: 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIATE, THIRUVANANTHAPURAM. 2. DEPARTMENT OF ARCHAEOLOGY, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 3. DISTRICT COLLECTOR, COLLECTORATE, THIRUVANANTHAPURAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. ========================== W.P.(C) No. 26000 of 2008 ========================== Dated this the 24th day of October, 2008. ORDER Heard both sides. 2. The petitioners are the plaintiffs in O.S. No. 209 of 1997 on the file of the Munsiff's Court, Neyyattinkara. The said suit was one for declaration of title and possession of the plaintiffs over the plaint schedule property. Even though the trial court dismissed the suit, the lower appellate court namely the Sub Court, Neyyattinkara in A.S. No. 11 of 2002 decreed the suit granting the reliefs prayed for. However, the respondents filed Ext.P3 petition seeking a temporary injunction restraining the plaintiffs from entering the property and from blasting rocks or committing other acts of waste in the property. Since this Court has admitted the Second Appeals arising from the appellate judgment filed as R.S.A Nos. 836 and 869 of 2008 and has passed an interim order for maintaining status quo in R.S.A. No. 836 of 2008, Ext.P5 order cannot survive any more and is accordingly set aside. The property shall be dealt with in accordance with the final decision in the above Second Appeals. This writ petition is disposed of as above. Dated this the 24th day of October, 2008. V. RAMKUMAR, JUDGE. rv