IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 23RD OCTOBER 2007 / 1ST KARTHIKA 1929 WP(C).No. 31454 of 2007(T) -------------------------------------- CMA.05/2007 of SUB COURT, PERUMBAVOOR OS.271/2004 of MUNSIFF COURT, PERUMBAVOOR ................................................. PETITIONERSPETITIONERS/PLAINTIFFS: ----------------------------------------------------------- 1. VINU G, AGED 30,S/O.GOPALAN, KUZHIKKATTUPARAMBIL, KANINADU KARA, PUTHENCRUZ VILLAGE, KUNNATHUNADU THALUK. 2. SANTHOSH, AGED 40 S/O.CHANDRASEKHARA MENON, NEDIYAPPILLIL HOUSE, KANINAD KARA, PUTHENCRUZ VILLAGE, KUNNATHUNADU THALUK. 3. CHANDRAN NAIR, AGED 56,S/O.DAMODARAN EIAMKULATH HOUSE ,AKNINADU KARA, PUTHENCRUZ VILLAGE, KUNNATHUNADU THALUK. BY ADV. SRI.M.C.NAMBIAR SRI.MADANLAL RESPONDENTS/RESPONDENTS/DEFENDENTS: ------------------------------------------------------------------- 1. BHAGEERATHY AMMAL, AGED 73, W/O. VENKITTA NARAYANAN EMBRANTHIRI VARIYAMPURATH MADATHIL, KANINADU KARA, PUTHENCRUZ VILLAGE, KUNNATHUNAD THALUK. 2. VENKITTAN, AGED 46, S/O.VENKITTA NARAYANAN EMBRANTHIRI VARIYAMPURATH MADATHIL, KANINADU KARA, PUTHENCRUZ VILLAGE, KUNNATHUNAD THALUK. 3. KAVERI AMMAL, AGED 48, D/O. VENKITTA NARAYANAN EMBRANTHIRI VARIYAMPURATH MADATHIL KANINADU KARA, PUTHENCRUZ VILLAGE, KUNNATHUNAD THALUK. WP(C) NO: 31454/2007 4. SUSEELA AMMAL, AGED 38, D/O.VENKITTA NARAYANAN EMBRANTHIRI VARIYAMPURATH MADATHIL KANINADU KARA, PUTHENCRUZ VILLAGE, KUNNATHUNAD THALUK. 5. PADMANABHAN EMBRANTHIRI, AGED 78, S/O. PADMANABHAN EMBRANTHIRI, VARIYAMPURATH MADATHIL KANINADU KARA, PUTHENCRUZ VILLAGE, KUNNATHUNAD THALUK. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/10/2007,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J ===================== W.P.(C) No.31454 OF 2007 ===================== Dated this the 23rd day of October 2007 JUDGMENT This writ petition is filed to set aside the concurrent orders passed by the Munsiff's Court, Perumbavoor in I.A.No.1588/2004 in O.S.No.271/2004 and the Sub Court, Perumbavoor in C.M.A.No.5/2007. Plaintiffs moved I.A.No.1588 of 2004 for a temporary injunction and the court below after considering the entire documentary evidence produced by the plaintiffs and defendants rejected the prayer for injunction. In appeal, the entire matter was reappraised and it was confirmed by the appellate court as well. It is against those orders, the present writ petition is filed. 2. The power of this court under Article 227 of the Constitution of India is limited and it can only interfere, if there is such a gross irregularity or illegality which requires correction. I am satisfied that no such mistake had been committed by the courts below for the reason that the documentary evidence had been analyzed and a decision arrived at. Therefore, any consideration of the matter in detail will prejudice one of the parties and therefore at this stage, I do not want to go into the merits of the case. WP(C)31454/2007 -:2:- Therefore I dismiss this writ petition. I make it very clear that the court below while trying the case shall dispose of the matter untrammeled by the observations contained in its own order or in the order of the appellate Judge and the parties will be at free to adduce evidence in support of their respective contentions, which is necessary for a just decision in the matter. I also direct the trial court to dispose of the matter, as expeditiously as possible, at any rate, within six months from today. M.N.KRISHNAN, JUDGE Cdp/-