IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 1ST JULY 2010 / 10TH ASHADHA 1932 WP(C).No. 20469 of 2010(O) -------------------------- CMA NO.23 OF 2008 OF PRINCIPAL SUB COURT,IRINJALAKUD IA NO.560/2008 OS.332/2008 of ADDL.MUNSIFF COURT, IRINJALAKUDA .................... PETITIONER(S): --------------- 1. PAUL, AGED 51 YEARS, S/O. MENACHERY DEVASSY, MOORKKANAD, PORATHUSSERY, THRISSUR. 2. RAPPAI, S/O. ANTHONY, VALLACHIRAKKARAN HOUSE, MOORKKANAD, PORATHUSSERY, THRISSUR. 3. ANTHONY, S/O. ANTHAPPAN, ADIYATTIPARAMBIL HOUSE, MOORKKANAD, PORATHUSSERY, THRISSUR. 4. SUBIN PAUL, S/O. PAUL, THATTIL VALLACHIRAKKARAN HOUSE, MOORKKANAD, MOORKKANAD, PORATHUSSERY, THRISSUR. 5. MERCY BABU, W/O. BABU, KURUTHUKULANGARA HOUSE, MOORKKANAD, PORATHUSSERY, THRISSUR. BY ADV. SRI.V.M.KRISHNAKUMAR SMT.P.A.ANITHA SMT.P.R.REENA RESPONDENT(S): --------------- 1. SREE MOORKANAD SIVEKSHETHRA SAMITHI, REP. BY PRESIDENT MANIKANDAN, MOORKKANAD DESOM, PORATHISSERY VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT, PIN-691 585. 2. SREE MOORKANAD SIVEKSHETHRA SAMITHI, REP. BY SECRETARY T.A.RAMAN, MOORKKANAD DESOM, PORATHISSERY VILLAGE, MUKUNDAPURAM TALUK, THRISSUR DISTRICT, PIN-691 585. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- W.P.(C) No.20469 of 2010 -------------------------------------- Dated this the 1st day of July, 2010. JUDGMENT Petitioners and others filed O.S.No.332 of 2008 in the court of learned Munsiff, Irinjalakkuda for injunction and other reliefs. Dispute is concerning a right of way from the respective house of petitioners to the nearby Panchayat road. There is about 2.5 acres of land on the side of PWD road belonging to the Moorkanad temple (that property is called “Aluparambu') and PWD road is passing through the said property. Petitioners filed I.A.No.560 of 2008 for an order of temporary injunction. Learned Munsiff granted exparte interim order of injunction. Later after hearing both sides, that application was allowed. Respondents challenged that order in C.M.A.No.23 of 2008. Appellate court found that various contentions raised by respondents even as to the maintainability of the suit and the effect of judgment passed by this Court in W.P.(C) No.6727 of 1999 were not properly considered by the trial court, set aside the order on I.A.No.560 of 2008 and remitted that application to the trial court for fresh consideration after taking into account all the contentions raised by the respondents. The remand judgment in C.M.A.No.23 of 2008 is under challenge in this Writ Petition. Learned counsel contends that on the evidence on record it was possible to sustain the order on I.A.No.560 of 2008 and interference of the appellate court was not warranted. WP(C) No.20469/2010 2 2. I have gone through the order on I.A.No.560 of 2008 and judgment in C.M.A.No.23 of 2008. It is seen that respondents have raised a contention that the suit itself is not maintainable for want of notice to Cochin Devaswom Board and also for non-joinder of the said Board as a party to the suit. It was also pointed that this Court in W.P.(C) No.6727 of 1999 had issued directions which if complied would result in obstruction to the petitioners. Appellate court has taken into account these aspects and stated that the issue requires reconsideration. It is accordingly that I.A.No.560 of 2008 was remitted to the trial court for fresh decision. Having regard to the nature of contentions raised as to the maintainability of the suit and other circumstances stated above I am not persuaded to think that the remand judgment is unwarranted. 3. Learned counsel states that there was an order of status quo in force until 18.6.2010 but there is no such order in force thereafter. Considering the above circumstances I direct that parties shall maintain present condition of the disputed way (subject ofcourse to implementation of the order passed by this Court in W.P.(C) No.6727 of 1999) until learned Munsiff passes appropriate orders in that regard on I.A.No.560 of 2008 . With the above direction this Writ Petition is closed. THOMAS P.JOSEPH, Judge. cks