IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 10TH JUNE 2009 / 20TH JYAISHTA 1931 WP(C).No. 15950 of 2009(O) --------------------------------------- CMA.28/2007 OF PRINCIPAL SUB COURT,ATTINGAL, I.A. 1127/07 IN OS.209/2007 OF MUNSIFF'S COURT,ATTINGAL. .................... PETITIONERS: --------------------- 1. GOPINATHA KURUP,S/O.VASUDEVA KURUP, PULLUVILAKATHUPUTHEN VEEDU,VAVARA P.O., THOTTAKDU DESAM,KARAVARAM VILLAGE, THIRUVANANTHAPURAM DISTRICT. 2. MRIDULA G.KURUP,D/O.GOPINATHA KURUP, (MINOR,REP.BY HER GUARDIAN IST PETITIONER). BY ADVS. MR.SHABU SREEDHARAN, MR.C.K.PRASAD. RESPONDENT: ---------------------- VALSALA RAVEENDRAN,D/O.SARASWATHY, REMYA HOUSE,PARUTHIYIL,MUNDAKKAL DESOM, EDAKKODU VILLAGE. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ----------------------------------- W.P.(C).No.15950 of 2009 - O --------------------------------- Dated this the 10th day of June, 2009 J U D G M E N T This writ petition is filed under Article 227 of the Constitution of India seeking the following reliefs: “i) To set aside the order in I.A.No.1127/2007 in O.S.No.209/2007 dated 30.07.2007 of Munsiff Court, Attingal and the Judgment passed by the Hon'ble Court of the Sub Judge, Attingal in C.M.a.No.28/2007 dated 19.11.2008. ii) To pass an order allowing the interim injunction as prayed for by the plaintiffs in I.A.No.1127/2007 in O.S.no.209/2007 before the Munsiff Court, Attingal. 2. Petitioners are the plaintiffs in O.S.No.209/97 on the file of the Munsiff Court, Attingal. Suit was one for declaring a sale deed as null and void and also for a perpetual prohibitory injunction restraining the defendants from trespassing upon the plaint properties, two items, and causing obstruction to its peaceful and enjoyment by the plaintiffs. Along with the suit, plaintiffs moved an application for interim injunction as prayed for in the suit till its disposal. Respondent on entering W.P.(C).No.15950 of 2009 - O 2 appearance filed counter resisting application for injunction. The learned Munsiff after hearing both sides and appreciating the materials produced found that the plaintiffs have not made out a prima facie case for the discretionary relief for interim injunction. In appeal preferred by the plaintiffs against the order of the learned Munsiff, the learned Sub Judge concurred with the views formed by the learned Munsiff and dismissed the appeal. Ext.P3 is the order of the learned Munsiff and Ext.P4, the judgment of the learned Sub Judge, both of whom concurrently held that the plaintiffs having not made out a prima facie case is not entitled to the relief sought for. Impeaching the correctness and propriety of Exts.P3 and P4, petitioners have filed this writ petition invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India. 3. I heard the counsel for the petitioner. 4. From the submissions made and taking note of the facts and circumstances presented, I find there is no scope for interfering with Exts.P3 and P4 exercising the supervisory jurisdiction of this Court. In one of the two items involved in the W.P.(C).No.15950 of 2009 - O 3 suit which is covered by the sale deed, the plaintiffs claimed right under a will executed by one Gouri Amma, who was one among the executants in the sale deed which was sought to be declared as null and void in the suit. I do not want to dilate anything about the bequest made, which could have come into operation only after the death of testator. Both the courts appreciating the materials produced in the I.A. in the proper perspective have held that the plaintiffs are not entitled to the discretionary relief. I find that Exts.P3 and P4 do not suffer from any infirmity warranting interference. The writ petition is dismissed making it clear that the learned Munsiff has to dispose the suit, after affording reasonable opportunity to both sides to lead evidence in support of their case, untrammelled by any of the observations made in Ext.P3 order and Ext.P4 judgment passed by the learned Sub Judge. S.S.SATHEESACHANDRAN, JUDGE. bkn/-