IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 25TH NOVEMBER 2008 / 4TH AGRAHAYANA 1930 W.P(C).No. 12324 of 2008(P) --------------------------------------- OS.115/2007 OF PRL.M.C.,NEYYATTINKARA .............................. PETITIONER : ---------------------- SALIN RAJ, S/O.JOSEPH, AGED 31 KEEZHEVILAKATHU SNEHA BHAVAN, KODAVILAKOM, MURIYANKARA DESOM, PARASSALA VILLAGE. BY ADV. SRI.MATHEW KURIAKOSE RESPONDENTS : -------------------------- 1. SASI, S/O.CHERIYAN NADAR, AGED 42 KODAVILAKOM ROADARIKATHU VEEDU MURIYANKARA DESOM, PARASSALA VILLAGE. 2. M. RANJITHAM, D/O.MARIYAMMA, AGED 40 DO. DO. ADV. SRI.G.P.SHINOD - R1 & R2 SRI.RAM MOHAN.G.- R1 & R2 SRI.MANU V. - R1 & R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. BALACHANDRAN, J. ------------------------------------- W.P(C). No. 12324 of 2008 ---------------------------------------- Dated this the 25th day of November, 2008 JUDGMENT This writ petition is filed by the plaintiff in O.S. No.115 of 2007 on the files of the Munsiff's Court, Neyyattinkara assailing Exhibit P3 order dismissing the injunction petition (I.A.1024/2007) filed by him and also Exhibit P10 judgment dismissing C.M. Appeal No. 10 of 2007 filed by him against Exhibit P3 order. It is contended by the counsel for the petitioner/plaintiff that both the courts were dismissing injunction petition observing that the petitioner has not approached with clean hands, and has suppressed the details of earlier suit. However, the fact remains that the suit O.S. No.115 of 2007 filed early in 2007 remains on the file of the court without any interim order of injunction in favour of the petitioner and the petitioner has no case that for want of injunction any harm has occasioned to him. Hence, I am of the view that there is no purpose to be served by this court wasting much time to consider the injunction application afresh when concurrently the courts below have entered finding against the W.P(C). No. 12324 /2008 2 petitioner and as the suit itself must be ripe for trial, parties can face trial in the suit and have appropriate reliefs if any to which they are entitled. In the result, I dispose of this writ petition directing the court below to consider O.S.No.115/2007 on merits untrammeled by any of the observations made either in Exhibit P3 order or Exhibit P10 judgment for the purpose of consideration of I.A. No. 1024 of 2007. K.P. BALACHANDRAN, JUDGE scm