IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 4TH MARCH 2008 / 14TH PHALGUNA 1929 WP(C).No. 7518 of 2008(T) ------------------------- I.A.No.268/08 IN CMA.23/2008 of DISTRICT COURT, PALAKKAD OS.15/2008 of MUNSIFF COURT, ALATHUR .................... PETITIONER: ------------ SAHADEVAN,S/O.PONNAN, AGED 76 YEARS PUTHENPURACKL HOUSE, CHOORKUNNU, KANNAMBRA P.O. KANNAMBRA NO.I VILLAGE, ALATHUR TALUK PALAKKAD DISTRICT. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT: ------------- C.K.RAJENDRAPRASAD,S/O,.KRISHNAN AGED 62 YEARS,PUTHENPURACKAL HOUSE CHOORKUNNU, KANNAMBRA P.O., KANNAMBRA NO.I VILLAGE ALATHUR TALUK, PALAKKAD DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. ---------------------- W.P.(C)No. 7518 OF 2008 ----------------------------- DATED THIS THE 4TH DAY OF MARCH, 2008 J U D G M E N T This writ petition is filed against the order of the District Judge, Palakkad whereby he refused to grant any order in I.A.No.268/06. It was an application whereby the plaintiff in the suit wanted the Court to pass an order of status quo of the plaint schedule property. The appellate Court held that the trial Court has considered and passed elaborate order and therefore it did not want to take a view against the finding of that Court at that stage. I cannot find fault with the said Court. Learned counsel for the writ petitioner submits before me that in the case of dismissal of an injunction application, the defendants shall not be permitted to commit waste in the property or destroy the property obviously for the reason that the property even according to the defendant is a co-ownership property as per the partition deed of the year 1940, that is item No.4 of the D schedule. I direct the Court below to consider this aspect when W.P.(C)No.7518/08 2 an application is filed for the relief of injunction against waste, digging of pit, etc. and pass appropriate orders. If such an application is filed, let the order be passed as expeditiously as possible. I make it clear that the earlier disposal of I.A.No.268/08 shall not stand in the way of granting any relief, if really it is warranted. The writ petition is disposed of as above. M.N.KRISHNAN, JUDGE. dsn