IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 28TH MARCH 2008 / 8TH CHAITHRA 1930 WP(C).No. 10797 of 2008(I) -------------------------- CMA.9/2006 of SUB COURT, NEDUMANGAD OS.691/2005 of PRL.MUNSIFF COURT,NEDUMANGAD .................... PETITIONERS: ------------ 1. NABEESA BEEVI, W/O. THAJUDEEN, NEELANCHANAM, PULIMOODU, THALICODE VILLAGE. 2. THAJUDEEN, NEELANCHANAM, PULIMOODU, THOLICODE VILLAGE. BY ADV. SRI.RAM MOHAN.G. SRI.G.P.SHINOD SRI.MANU V. RESPONDENT: ------------- HAZEENA BEEGUM, W/O. ABDUL RAHIM, MEDAYIL VEEDU, PULIMOODU, THOLICODE VILLAGE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- W.P.(C). NO. 10797 OF 2008 --------------------- Dated this the 28th day of March, 2008 JUDGMENT This writ petition is filed to set aside Ext. P1 order and Ext. P2 judgment. The court below granted the application for injunction filed by the plaintiff and dismissed the application for mandatory injunction and also for varying the orders of the court filed by the defendant. The CMA 9/06 filed against IA 4616/05 and IA 5076/05 had been dismissed by the appellate court. 2. Now the grievance of the writ petitioners is that there are innumerable number of observations in the order and judgment which, if taken note of by the court at the stage of trial, may affect the writ petitioners and therefore request to direct the trial court to dispose of the suit untrammelled by the observations contained in the judgment of the Subordinate judge or the order of the learned Munsiff. The interim injunction matters are decided only on the basis of affidavits or documents without adducing any evidence. Therefore, it is only a prima facie consideration that there is an arguable case for the party which looms large for consideration and WPC NO 10797/08 2 the decision arrived at on the said basis. It shall not be the guideline to decide the suit when the parties are before the court and the documents are produced and evidence are adduced. 3. Therefore, I hold that the prayer made by the learned counsel is absolutely reasonable. I dispose of the writ petition directing the trial court to dispose of the original suit untrammelled by the observation contained in its own order or in the judgment of the appellate court. M.N.KRISHNAN, JUDGE vps WPC NO 10797/08 3 WPC NO 10797/08 4