IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 9TH APRIL 2008 / 20TH CHAITHRA 1930 WP(C).No. 12316 of 2008(N) ---------------------------------------- AGAINST THE ORDER DATED / / IN IA 152/2008 IN AS.17/2008 of DISTRICT COURT, THALASSERY OS.124/2007 of ADDL.MUNSIFF COURT, KANNUR .................... PETITIONER: --------------------- 1. P.M.UMMUL FAIZA , D/O.SATHAR, AGED 57 YEARS, RESIDING AT FABEENA MUZHATHADAM, KANNUR-670 002. 2. DR.MUHAMMED AZEEM, S/O.EBRAHIM, AGED 36 YEARS, RESIDING AT FABEENA MUZHATHADAM, KANNUR-670 002. BY ADV. SRI.A.MOHAMED MUSTAQUE SRI.KAUSER EDAPPAGATH RESPONDENTS: ----------------------- K.T.IBRAHIM, S/O.ALIKUTTY, AGED 70 YEARS BUSINESS, FATHIMABAD, MUZHATHADAM,KANNUR-2. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J ===================== W.P.(C) No.12316 OF 2008 ===================== Dated this the 9th day of April 2008 JUDGMENT This writ petition is preferred against the order of the District Judge, Thalassery in I.A.No.152 of 2008 in A.S.No.17 of 2008 whereby the court below has granted the order of status quo shall be restricted to the factum of possession only. A perusal of the judgment passed by the trial court would show that the husband himself had agreed for an order of injunction against the forcible eviction. Therefore he only wants an eviction through process of law in case he is legally entitled to. Even if the property transferred is in favour of a 3rd person they will not get a better right than the husband whose hands are tied down by the court by directing him only to have recourse to law for eviction and no forcible eviction. With these observations, the writ petition is disposed of. M.N.KRISHNAN, JUDGE Cdp/- CRPs 1918 & 1919/2003 -:2:-