IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 3RD AUGUST 2009 / 12TH SRAVANA 1931 WP(C).No. 18700 of 2009(O) -------------------------- OS.372/2007 of MUNSIFF COURT, PERUMBAVOOR .................... PETITIONER(S): ------------------------ 1. SANKARA PILLAI @ KUNJANKARAN, S/O.VASU NAIR, KUDASSERI PUTHENPURAYIL, NORTH MAZHUVANNOOR KARA, IRAPURAM VILLAGE. 2. KESU @ VASU NAIR, S/O.VASU NAIR, -DO- -DO- 3. K.P.JAYAN, S/O.SANKARA PILLAI, KUDASSERI PUTHEN VEETTIL, -DO- -DO- 4. RAJEEV, S/O.KUMARAN NAIR, KUDASSERI PUTHEN VEETTIL, NORTH NAZHUVANNOOR KARA, IRAPURAM VILLAGE (NOW RESIDING AT JALAJA MANDIRAM) BY ADVS. MR.SATHISH NINAN, MR.SANTHOSH MATHEW, MR.VIPIN NARAYAN. RESPONDENT(S): --------------------------- 1. VALSALA, W/O.VASAVAN, MUKKOTTUTHARA MADOM, IRAPURAM VILLAGE, NORTH MAZHUVANNOOR KARA, NOW RESIDING AT EDAPPALLY VILLAGE. 2. VASAVAN, S/O.KUNJU NAIR, MUKKOTTUTHARA MADOM, IRAPURAM VILLAGE, NORTH MAZHUVANNOOR KARA, NOW RESIDING AT EDAPPALLY VILLAGE. R1 & R2 BY ADV. MR.G.RAJAGOPAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss S.S.SATHEESACHANDRAN, J. ----------------------------- W.P.(C).No. 18700 OF 2009 -------------------------- Dated this the 3rd day of August 2009 ------------------------------------- JUDGMENT The writ petition is filed seeking the following reliefs. i) Set aside oder dated 02/06/2009 in I.A 1106/2009 in O.S No. 372/2007 of the Munsiff Court, Perumbavoor (Ext.P6) and dismiss the application. ii) Pass such other orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. 2. Petitioners are the defendants in O.S No. 372/2007 on the file of the Munsiff Court, Perumbavoor. Respopndents are the plaintiffs in W.P.(C).No. 18700 OF 2009 Page numbers that suit. Suit is filed for perpetual prohibitory injunction. In short, the case of the respondents / plaintiffs was that the defendants who are in management of a temple close by to the plaint property interfered with the plaint property and thereby obstructed its possession and enjoyment by them. An application for interim injunction moved by the plaintiffs being dismissed, they preferred an appeal. That appeal was also dismissed. Meanwhile the defendants filed a written statement disputing the title and possession of the plaintiffs over the suit property contending that it is a purampoke land under the enjoyment of the temple. The plaintiffs thereupon moved an application for withdrawing the suit with liberty to file a fresh suit stating that a comprehensive suit for declaration of title and also putting up of boundaries over the property as the boundary walls have been destroyed during the W.P.(C).No. 18700 OF 2009 Page numbers pendency of the suit, is necessary to advance the ends of justice. Though the defendants resisted the petition moved under Order 23 Rule 1 of Code of Civil Procedure, the learned Munsiff after considering the merit of the petition allowed it by Ext.P6 order. Propriety and correctness of that order is challenged in the petition invoking the supervisory jurisdiction vested with this court under Article 227 of the Constitution of India. 3. I heard the learned counsel on both sides. Having regard to the submissions made and taking note of the facts and circumstances presented with reference to the impugned order and the other materials produced with the petition, I find that there is no impropriety or illegality in the order passed by the learned Munsiff granting permission to the plaintiff to file a fresh suit after withdrawing the suit where their title and W.P.(C).No. 18700 OF 2009 Page numbers possession over the suit property had been challenged by the defendants in the present suit. A comprehensive suit for declaration of their title and possession in the facts and circumstances involved, it appears is necessary to give a quietus to the whole controversy. There is no scope for interference with the order passed by the learned Munsiff. The writ petition is closed. Sd/- S.S.SATHEESACHANDRAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv