IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID TUESDAY, THE 12TH OCTOBER 2010 / 20TH ASWINA 1932 WP(C).No. 13617 of 2009(O) -------------------------- AGAINST THE ORDER DATED 07/04/2009 IN IA.449/2009 IN AS.222/2008 of DISTRICT COURT, KOTTAYAM OS.252/2005 of MUNSIFF COURT, VAIKOM .................... PETITIONERS: --------------- 1. BABY,S/O.THOMAS,PUTHUKULANGARA HOUSE, POOZHIKOLE KARA,KADUTHURUTHY,KOTTAYAM DISTRICT. 2. P.T.JOSEPH,S/O.THOMAS,PUTHUKULANGARA HOUSE,POOZHIKOLE KARA,KADUTHURUTHY,KOTTAYAM DIST. 3. MAYA BABY,W/O.BABY,PUTHUKULANGARA HOUSE, POOZHIKOLE KARA,KADUTHURUTHY,KOTTAYAM DISTRICT. BY ADV. MRI.JOSEPH GEORGE RESPONDENT: --------------- MATHAI JOSEPH,APPAKKOOTTU HOUSE, POOZHIKOLE KARA,KADUTHURUTHY. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 13617 of 2009(O) APPENDIX PETITIONERS' EXHIBITS: EXT.P1: JUDGMENT DATED 23.6.2008 IN O.S.NO.252/2005 OF THE MUNSIFF COURT, VAIKOM. EXT.P2: I.A.NO.49/2009 IN A.S.NO.222/2008 OF THE DISTRICT COURT, KOTTAYAM. EXT.P3: COUNTER AFFIDAVIT IN I.A.NO.449/2009 IN A.S.NO.222/2008 OF THE DISTRICT COURT, KOTTAYAM. EXT.P4: ORDER DATED 07.4.2009 IN I.A.NO.449/2009 IN A.S.NO.222/2008 OF THE DISTRICT COURT, KOTTAYAM. RESPONDENT'S EXHIBITS: NIL .... // TRUE COPY // P.S TO JUDGE. HARUN-UL-RASHID,J. ------------------------------- W.P.(C).NO. 13617 OF 2009 ------------------------------- DATED THIS THE 12TH DAY OF OCTOBER, 2010 JUDGMENT The 2nd defendant and additional defendants 3 and 4 in O.S.No.252/05 on the file of the Munsiff's Court, Vaikom are the petitioners. They are the respondents in I.A.No.449/09 in A.S.No.222/08 on the file of the District Court, Kottayam. The prayer in the writ petition is to call for the records leading to Ext.P4 and set aside the same. 2. I.A.No.449/09 is filed for an order of interim injunction against the respondents 1 to 3 in relation to item No.4 way in the plaint schedule. The suit was one for declaration of right of easement by prescription and for prohibitory injunction, which was dismissed. The learned District Judge passed Ext.P4 order directing both sides to maintain status quo with regard to plaint item No.4 way as on the date of the decree. In view of the fact that the order passed by the learned District Judge is in force -2- WP(C).No.13617/2009 from the date of decree, this Court is of the view that the writ petition can be disposed of directing the District Court to dispose of the appeal without going into the rival contentions of the parties. In the circumstances, there will be a direction to the learned District Judge to hear and dispose of the appeal in accordance with law, untrammelled by any of the findings and observations made in Ext.P4 order, within a period of three months from the date of receipt of a copy of this judgment. Writ Petition is disposed of as above. HARUN-UL-RASHID, Judge. kcv. -3- WP(C).No.13617/2009