IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 6TH MAY 2010 / 16TH VAISAKHA 1932 WP(C).No. 13993 of 2010(O) -------------------------- O.S.NO.1058/2009 OF ADDITIONAL MUNSIFF COURT-II, NEYYATTINKARA PETITIONER(S): --------------- 1. PRAVEEN KUMAR,V.V,S/O.VISWANATHAN, AGED 34,VISWARAMANEEYAM,KURUSADI MUKKU, KOTTUKAL,KOTTUKAL P.O,THIRUVANANTHAPURAM DISTRICT. 2. RESMI R.S,AGED 28,D/O.SOBHANA, VISWARAMANEEYAM,KURUSADI MUKKU, KOTTUKAL,KOTTUKAL P.O, THIRUVANANTHAPURAM DISTRICT. BOTHG ARE REP. BY THEIR POWER OF ATTORNEY HOLDER P.RADHAKRISHNAN, AGED 63 YEARS, S/O.PARAMESWARA PANICKER, 'AKHILAM', PMR COMPLEX, SIVANCOIL ROAD, BALARAMAPURAM P.O., THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.N.P.PRAJEESH RESPONDENT(S): --------------- 1. P.REGHU,AGED 60,S/O.PARAMESWARA PANICKER VAZHAVILAKATHU EASWARAVILASOM BUNGLOW, KATTAKKADA ROAD,BALARAMAPURAM P.O, THIRUVANANTHAPURAM DISTRICT. 2. AUTHORISED OFFICER (REGIONAL MANAGER IN CHARGE),KERALA STATE CO-OPERATIVE BANK LTD., REGIONAL OFFICE,OVERBRIDGE JUNCTION,M.G ROAD, THIRUVANANTHAPURAM - 695 001. ADV. SRI.NAGARAJ NARAYANAN,SC,K.S.CO-OP BANK FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.13993/2010 APPENDIX PETITIONERS' EXHIBITS: EXT.P1 TRUE PHOTOCOPY OF THE PLAINT IN OS NO.1058/2009 BEFORE THE ADDITIONAL MUNSIFF'S COURT-II, NEYYATTINKARA DATED 30.11.2009 EXT.P2 TRUE COPY OF THE IA NO.6517/2009 FILED ON 2.12.2009 IN OS NO.1058/2009 EXT.P3 TRUE PHOTOCOPY OF THE OBJECTION FILED BY THE 2ND RESPONDENT EXT.P4 TRUE PHOTOCOPY OF THE ARGUMENT NOTES //TRUE COPY// THOMAS P.JOSEPH, J. ==================================== W.P(C) No.13993 of 2010 ==================================== Dated this the 6th day of May, 2010 J U D G M E N T Heard counsel for petitioner and respondent No.2. 2. Petitioners filed O.S. No.1058 of 2009 in the court of learned Additional Munsiff-II, Neyyattinkara for declaration of title, fixation of boundary, permanent injunction and other reliefs. Petitioners claimed right, title, interest and possession over one cent of plaint A schedule as well. Petitioners preferred Ext.P2, application for an order of temporary injunction against respondent No.2 selling the said one cent of plaint A schedule. That application was dismissed on 9.4.2010 following which petitioners applied for copy of the order. But so far they have not received the copy of the order. Grievance of the petitioners is that consequent to the dismissal of the application respondent No.2 is taking steps to sell the said one cent. Learned counsel for respondent No.2 opposed the application. 3. Learned counsel for petitioners submitted that copy of the order has not so far been issued to the petitioner so that they could not W.P(C) No.13993 of 2010 -: 2 :- challenge the order in appeal. Having regard to the circumstances stated I direct the parties to maintain status quo with respect to one cent in Plaint A schedule over which petitioners are claiming right, title, interest and possession as on this day for a period of two months from this day or until petitioners prefer appeal from order in Ext.P2 and appropriate orders are passed by the appellate court whichever is earlier. Writ Petition is disposed of as above. THOMAS P. JOSEPH, JUDGE. vsv