IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 19TH JANUARY 2010 / 29TH POUSHA 1931 WP(C).No. 33237 of 2009(O) -------------------------- {CMA.30/2009 OF THE ADDL.DISTRICT COURT-I,MAVELIKKARA OS.76/2008 OF THE MUNSIFF COURT, MAVELIKKARA (IA 498/2008) .................... PETITIONER(S): APPELLANT ------------------------ GOPINATHAN, S/O. KOCHUCHERUKAN, VIJAYASREE BHAVANAM, VETTIYAR VILLAGE. BY ADV. SRI.R.T.PRADEEP SRI.V.VIJULAL RESPONDENT(S): RESPONDENT ------------------------- THOMAS KUTTY, AGED 57, S/O. DANIEL, PUTHEN PURAYIL, VETTIYAR MURI, VETTIYAR VILLAGE. ADV. SRI.M.V.THAMBAN SRI.R.REJI SRI.B.BIPIN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 33237 of 2009 :: 2 :: APPENDIX PETITIONERS' EXHIBITS: EXT.P1: TRUE COPY OF PLAINT IN O.S.76/08 DATED 25.2.08 EXT.P2: TRUE COPY OF I.A.NO.498/08 IN O.S.76/08 DATED 25.2.08. EXT.P3: TRUE COPY OF WRITTEN STATEMENT DATED 27.5.08 IN O.S.76/08. EXT.P4: TRUE COPY OF OBJECTION. EXT.P5: TRUE COPY OF COMMISSION REPORT AND ROUGH SKETCH. EXT.P6: TRUE COPY OF ORDER DATED 4.4.08 IN I.A.498/08 IN O.S.76/08 EXT.P7: TRUE COPY OF JUDGMENT DATED 23.10.09 IN CMA 30/09. RESPONDENTS' EXHIBITS: EXT.R1: TRUE COPY OF THE PARTITION DEED DT. 13.03.1996. //true copy// P.S. To Judge SK/- S.S.SATHEESACHANDRAN, J. ------------------------------------------------ W.P.(C).No.33237 of 2009 ----------------------------------------------- Dated this the 19th day of January, 2010 JUDGMENT The petitioner is the defendant in O.S.No.76/08 on the file of the Munsiff's Court, Mavelikkara. 2. The suit is one for permanent prohibitory injunction and the respondent is the plaintiff. In the suit, the plaintiff moved an application for interim injunction as identical to the relief canvassed in the suit to restrain the defendants from trespassing upon the plaint property and cutting open a new pathway through that property. The petitioner/defendant resisted that application by filing objections. Learned Munsiff, after hearing both sides, allowed the application of the plaintiff and passed a prohibitory order of injunction against the petitioner/defendant. Ext.P6 is a copy of that order. Challenge against Ext.P6 order by way of an appeal by the petitioner/defendant was turned down by the learned District Judge, Mavelikkara, confirming the order of injunction of the trial court. Ext.P7 is the copy of that W.P.(C).No.33237 of 2009 :: 2 :: judgment. Concurrent decision so rendered by two inferior courts by Ext.P6 order and Ext.P7 judgment holding that the plaintiff is entitled to the discretionary relief of injunction is challenged in the writ petition, invoking the visitorial jurisdiction vested with this court under Article 227 of the Constitution of India. 3. At the time of hearing, learned counsel for the petitioner fairly submitted that the trial of the case is practically over as both parties have already let in evidence with the case now posted for final arguments. When that be so, any scrutiny by this court on the correctness of Ext.P6 order and Ext.P7 judgment with reference to the challenges canvassed by the petitioner/defendant is totally unnecessary and, further more any opinion expressed by this court, after evaluating the merit of the order/judgment challenged is likely to influence the decision to be rendered by the court below on merits of the case. 4. That being so, I find, at this stage, invoking of the supervisory jurisdiction of this court for examining the W.P.(C).No.33237 of 2009 :: 3 :: merit of Ext.P6 order/Ext.P7 judgment has to be avoided. However, there will be a direction to the learned Munsiff to dispose of the suit, as expeditiously as possible, at any rate, before the closing of the courts for mid-summer vacation, untrammelled by any of the observations made in Ext.P6 order or Ext.P7 judgment rendered in appeal. Subject to the above observations/directions, the writ petition is closed. Sd/- S.S.SATHEESACHANDRAN) JUDGE SK/- //true copy//