IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 22ND AUGUST 2008 / 31ST SRAVANA 1930 WP(C).No. 25401 OF 2008(Y) -------------------------- OS.184/2008 OF MUNSIFF COURT, DEVIKULAM .................... PETITIONER: ----------------- JINCY D/O JOSEPH KUTHUKALLUMKAL, THURUTHIYIL VEEDU, KUTHUPARA KARA, VELLATHOOVAL VILLAGE, DEVIKULAM TALUK, IDUKKI DISTRICT. BY ADV. SRI.T.RAJASEKHARAN NAIR SRI.BENNY M.JOHN RESPONDENTS: ------------- 1. T.J. MATHEW, S/O. JOSEPH, THURUTHIYIL VEEDU, KUTHUPARA KARA, VELLATHOOVAL VILLAGE, DEVIKULAM TALUK, IDUKKI DISTRICT. 2. VINOD T.J., THURUTHIYIL VEEDU, KUTHUPARA KARA, VELLATHOOVAL VILLAGE, DEVIKULAM TALUK, IDUKKI DISTRICT. 3. ELIAMMA, W/O BABY, KANJIRATHINGAL VEEDU, PANNIYARKUTTY, P.O. PONMUDY, UDUMUCHOLA TALUK, IDUKKI DISTRICT. 4. JAISAMMA W/O. JOSUKUTTY, THODIYAMPLAKKAL VEEDU, ARAKULAM P.O., THODUPUZHA TALUK, IDUKKI. 5. ANCY, W/O BABU, MYLADIYIL VEEDU, ELKUNNUKARA, ANCHAL P.O., DEVIKULAM TALUK, IDUKKI DISTRICT. 6. PHILOMINA W/O JAMES, PALAKKATTUKUNNEL VEEDU, MULLIRIKUDY P.O., KAILASAM KARA, UDUMUCHOLA, IDUKKI. (...2/-) WP(C)25401/08 (2) 7. LICY W/O. SEBASTIAN, KILLIYIL VEEDU, AMPARA P.O., BHARANANGANAM, KOTTAYAM DISTRICT. 8. LILA, W/O. SEBASTIAN, EYEKKARAKUNNEL VEEDU, VENGARCITY P.O., RAJAKKADU, UDUMUCHOLA, IDUKKI. 9. LALI, W/O. THANKACHAN, KUNNATHU VEEDU, OONNUKALLU P.O., PUTHENKURISU KARA KOTHAMANGALAM, ERNAKULAM. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M. SASIDHARAN NAMBIAR, J. ------------------------------------------ W.P.(C) NO. 25401 OF 2008 ------------------------------------------ Dated this the 22nd day of August, 2008 JUDGMENT Petitioner is the plaintiff in O.S. 184 of 2008 on the file of Munsiff Court, Devikulam. Suit was instituted for partition of plaint A and B schedule properties and allotment of half share contending that, being the widow of deceased Santhosh, she is entitled to a share. Ext.P8, a petition for temporary injunction, was filed under Order XXXIX Rule 1 of Code of Civil Procedure restraining defendants from disturbing her possession of the plaint schedule properties. A commission application was also filed. Learned Munsiff appointed a commission, but issued notice in the application for injunction and did not grant an exparte order of injunction. This petition is filed under Article 227 of Constitution of India for a direction to Munsiff, Devikulam to exercise the judicial powers and to grant an interim order of injunction. 2. Learned counsel appearing for petitioner was heard. 3. The argument of the learned counsel is that petitioner WP(C)25401/08 2 being the widow, should not be thrown out of the plaint schedule property and learned Munsiff should have granted an order of temporary injunction, and as it is not granted, this Court has to direct learned Munsiff to grant the same and meanwhile an order is to be passed. 4. On hearing the learned counsel, I do not find any reason to interfere with the exercise of power by the learned Munsiff under Rule 1 of Order XXXIX of the Code. Learned Munsiff found that an order of injunction cannot be granted without notice to respondents. Learned counsel submitted that that petition stands posted to 26.8.2008. In such circumstance Munsiff is directed to pass appropriate orders on that day, hearing the parties. Writ petition is disposed accordingly. M. SASIDHARAN NAMBIAR, JUDGE Okb/-