IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI MONDAY, THE 7TH SEPTEMBER 2009 / 16TH BHADRA 1931 WP(C).No. 36282 of 2007(T) -------------------------------------- CMA.9/2007 of SUB COURT, PERUMBAVOOR OS.20/2006 of MUNSIFF COURT, PERUMBAVOOR ..................................................... PETITIONER(S): --------------- BENNY K.PAUL, S/O. PAULOSE, KEECHERI HOUSE, MUDAKUZHA KARA, VENGOOR WEST VILLAGE. BY ADV. SRI.DINESH R.SHENOY SRI.V.V.UNNIKRISHNAN RESPONDENT(S): --------------- 1. YACOB, S/O. OUSEPH, KEECHERI HOUSE, MUDAKUZHA KARA, VENGOOR WEST VILLAGE. 2. SHAJI, S/O. YACOB, KEECHERI HOUSE, MUDAKUZHA KARA, VENGOOR WEST VILLAGE. 3. BINOY, S/O. YACOB, KEECHERI HOUSE, MUDAKUZHA KARA, VENGOOR WEST VILLAGE. ADV. SRI.G.RAJAGOPAL FOR R1 TO 3 SMT.N.RENJINEE DEVI FOR R1 TO 3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 36282 of 2007(T) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: TRUE PHOTOCOPY OF I.A.NO.170/2006 IN O.S.NO.20/2006, MUNSIFF'S COURT, PERUMBAVOOR. EXT.P2: TRUE PHOTOCOPY OF OBJECTION FILED BY THE RESPONDENTS EXT.P3 : TRUE PHOTOCOPY OF THE REPORT DATED 24/1/2006 OF ADVOCATE COMMISSIONER ARUN.K.ANTONY IN I.A.NO.160/2006 IN O.S.NO.20/2006 IN MUNSIFF'S COURT, PERUMBAVOOR. EXT.P4: TRUE PHOTOCOPY OF ORDER DATED 8/2/2006 IN I.A.NO.170/2006 IN O.S.NO.20/2006,MUNSIFF'S COURT, PERUMBAVOOR. EXT.P5: TRUE PHOTOCOPY OF JUDGMENT DATED 4/8/2006 IN CMA NO.15/2006, PRINCIPAL SUB COURT, NORTH PARAVUR. EXT.P6: TRUE PHOTOCOPY OF JUDGMENT DATED 10/7/2007 IN W.P.(C).NO.21212/2007 HIGH COURT OF KERALA. EXT.P7: TRUE PHOTOCOPY OF THE ORDER DATED 11/9/2007 IN CMA NO.9/2007 SUB COURT, THIRUVANANTHAPURAM. RESPONDENTS EXIBITS : NIL CA TO JUDGE P.Q.BARKATH ALI, J. - - - - - - - - - - - - - - - - - - - - - W.P.(C).No.36282 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of September, 2009 JUDGMENT This is a writ petition filed under Article 227 of the Constitution of India by the plaintiff in O.S.No.20/2006 of the Munsiff's Court, Perumbavoor seeking a direction to set aside the Ext.P7 order of Sub Court, Perumbavoor and restoring Ext.P4 order passed by the Munsiff;'s Court, Perumbavoor. 2. Petitioner filed O.S.No.20/2006 before the Munsiff's Court, Perumbavoor for a decree of Permanent Prohibitory Injunction restraining the respondents/defendants from cutting a new pathway through the Plaint Schedule Property. 3. In the suit the Petitioner/plaintiff filed I.A.No.170/2006 for an interim injunction. Exts.A1 to A4 were marked on the side of the Plaintiff and Exts.B1 to B12 were marked on the side of the defendants before the Lower Court. Commissioner's Report and Sketch were marked as Exts.C1 and C1(a). After hearing both sides the Munsiff's Court granted Interim injunction as prayed for. Ext.P4 is the said order dated 8th February 2006. W.P.(C).No.36282 OF 2007 Page numbers 4. On appeal by defendants as CMA No.15/2006 of the Principal Sub Court, North Paravoor dismissed the appeal and directed the parties to maintain statesquo.Ext.P5 is the said judgment dated 4/8/2006. Challenging the said order plaintiff filed Writ Petition WP(C) No.2121/2007 before this Court. 5. This court by judgment dated 10/7/2007 set aside Ext.P5 order and directed the lower court to reconsider the matter afresh. Meanwhile the appeal was transferred to newly constituted Sub Court , Perumbavoor and numbered as CMA No.9/2007. Thereafter the Lower Appellate Court allowed the appeal and vacated the Injunction allowed in favour of the plaintiff.Ext.P7 is the said order of the Lower appellate Court dated 11/9/2007. 6. Now in this writ petition the judgment of the Sub Court, Perumbavoor is under challenge. When the writ petition came for hearing, both the counsel submitted that the said suit was ripe for trial and as the petitioner filed a petition for amendment the trial is adjourned. In the circumstance I feel that the writ petition can be disposed off as follows:- W.P.(C).No.36282 OF 2007 Page numbers The Lower Court is directed to dispose the suit as early as possible untrammelled by the observations and findings contained in Exts.P4 and P7 orders. P.Q.BARKATH ALI, JUDGE ssn