IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 16TH SEPTEMBER 2009 / 25TH BHADRA 1931 WP(C).No. 26119 of 2009(O) -------------------------- C.M.A.NO.25/07OFDISTRICT COURT, ERNAKULAM IN OS.131/2006 of II ADDL.DISTRICT COURT,ERNAKULAM .................... PETITIONER(S): ------------------------ LILLY, D/O.ULAHANNAN, AGED 47, ULLATTUKUDIYIL HOUSE, KIZHAKOMBU KARA, KOOTHATTUKULAM VILLAGE REPRESENTED BY NEXT FRIEND POULOSE, S/O.AUGUSTY, AGED 58, PERUMATTATHIL HOUSE, EDAYAR KARA, KOOTHATTUKULAM VILLAGE. BY ADV. MR.V.B.HARI NARAYANAN RESPONDENT(S): ---------------------------- 1. JOHN, S/O.ULAHANNAN, AGED 60 YEARS, ULLATTUKUDIYIL HOUSE, KIZHAKOMBU KARA, KOOTHATTUKULAM VILLAGE. 2. JULEE JOHN, AGED 42, -DO-, -DO-. 3. JOHN KURIAKOSE, S/O.ULAHANNAN, -DO-. 4. CHINNAMMA, W/O.POULOSE, THONNASSERIL HOUSE, MANNATHOOR KARA, PALACKUGHA VILLAGE. 5. MARY, W/O.PAULOSE, AGED 50 KULAMANTHADATHIL HOUSE, PALACKUZHA KARA, PALACKUGHA VILLAGE. 6. LEELAMMA, W/O.JOSE, AGED 48, MANAYATH HOUSE, PUTHUPARIYARAM KARA, PALAKKAD VILLAGE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss S.S.SATHEESACHANDRAN, J. ------------------------------- W.P.(C).NO.26119 OF 2009 (O) ----------------------------------- Dated this the 16th day of September, 2009 J U D G M E N T The writ petition is filed seeking mainly the following reliefs: i. to set aside Ext.P2 order dated 10.2.2009 in C.M.A.No.25/2007 on the file of the IInd Additional District Judge, Ernakulam. ii. to declare that the preliminary decree passed in O.S.No.255/1997 is not binding on the 1/7 share of the petitioner over the plaint schedule property. 2. Petitioner is stated to be a deaf and dumb person. She has filed a suit as O.S.No.131 of 2006 contending that she was not properly represented in the previous suit, O.S.No.255 of 1997, a suit for partition, in which a preliminary decree had already been passed. Since she was not properly represented, WPC.26119/09 2 the decree passed in the suit was not binding on her, is the case canvassed by the petitioner in the present suit. With the suit, she moved an application for an interim injunction till its disposal on merit. The application was opposed to by the respondents/defendants, by filing objections. The learned Munsiff, after hearing both sides, dismissed that application. Against the order passed by the learned Munsiff, the petitioner preferred an appeal. The learned District Judge concurring with the views expressed by the learned Munsiff concluded that the petitioner is not entitled to the discretionary relief sought for, and the appeal was dismissed. Propriety and correctness of the order passed by the learned Munsiff and the judgment rendered by the learned District Judge, are challenged in the writ petition invoking the supervisory jurisdiction vested with this Court under Article 227 of the Constitution of India. 4. I heard the learned counsel for the petitioner. Having regard to the submissions made and taking note of the facts and circumstances presented, I find no notice to the respondents is necessary, and, hence, it is dispensed with. WPC.26119/09 3 The learned counsel for the petitioner submitted that a suit filed by a mentally ill person, without she being properly represented, is a nullity, and so much so, the decree passed in the previous suit is not binding on the petitioner/plaintiff. After going through the order passed by the learned Sub Judge and also the judgment rendered by the learned District Judge in appeal holding that the petitioner is not entitled to the discretionary relief of injunction, I find it is not proper and appropriate for this Court to interfere with such concurrent findings in exercise of visitorial jurisdiction vested with this court. I find no impropriety or illegality in the conclusions formed by the court below holding that the petitioner/plaintiff is not entitled to the equitable relief of injunction. Writ petition lacks merit, and it is dismissed. S.S.SATHEESACHANDRAN JUDGE prp