IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 22ND JULY 2008 / 31ST ASHADHA 1930 WP(C).No. 13142 of 2008(M) -------------------------- OS.98/2007 of MUNSIFF COURT,ATTINGAL .................... PETITIONERS: ---------------------- 1. MURALEEDHARA KURUP, AGED 51, S/O.GOPALA KURUP, OFFICER, UNIVERSITY OF KERALA, RESIDENT OF MERA 82, KAPPIL LANE, CHALAKUZHI ROAD, MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM. 2. MOHANA KURUP, AGED 48, S/O.GOPALA KURUP, AGRICULTURIST, RESIDENT OF M.R.MANDIRAM, THOTTAKKADU P.O., MANAMBOOR VILLAGE. BY ADV. SRI.M.RAJAGOPALAN NAIR SRI.G.BIJU RESPONDENTS: ------------------------- 1. GOMATHI AMMA, AGED 76, D/O.BHAGAVATHI AMMA, HOUSE WIFE FROM PULLAMPULLY VEEDU, KAVALAYOOR DESOM, MANAMBOOR VILLAGE, NOW RESIDENT OF MANJANAVILA VEEDU, KAVALAYOOR DESOM, MANAMBOOR VILLAGE. 2. RATHI DEVI, AGED 40, W/O.MOHANA KURUP, HOUSE WIFE, RESIDENT OF M.R.MANDIRAM, THOTTAKKADU P.O., MANAMBOOR VILLAGE. 3. GEETHA DEVI AMMA, AGED 47, D/O.GOPALA KURUP, HOUSE WIFE, RESIDENT OF ADITHYA BHAVAN, MULAVANA P.O., KALLADA, KOLLAM DIST. 4. LALITHAMMA, AGED 43, D/O.GOPALA KURUP, HOUSE WIFE, A.L.BHAVAN, VAMANAPURAM P.O., VAMANAPURAM VILLAGE. 5. SANALKUMAR, AGED 40, S/O.KRISHNAN NAIR, AKARATHUMVILA VEEDU, OTTOOR P.O., OTTOOR VILLAGE. ADV. SRI.NAGARAJ NARAYANAN FOR R1 SRI.SAIJO HASSAN FOR R1 SRI.VAKKOM R.JAYAPRAKASH FOR R1 SRI.E.K.NANDAKUMAR FOR R2 & R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC.NO.13142/2008 M APPENDIX PETITIONER'S EXHIBITS: EXT.P1; COPY OF ORDER IN I.A.1845 OF 2007 IN O.S.98/2007. EXT.P2: COPY OF PLAINT IN O.S.98/2007. EXT.P3: COPY OF ORDER IN I.A.632 OF 2007 IN O.S.98 OF 2007. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss M.SASIDHARAN NAMBIAR,J. =========================== W.P.(C) NO.13142 OF 2008 =========================== Dated this the 22nd day of July, 2008 JUDGMENT This petition is filed under Article 227 of the Constitution of India challenging Ext.P1 order whereunder learned Munsiff directed Circle Inspector of Police, Varkala to implement the order passed in I.A.632/2007 in O.S.No.98/2007. Under Ext.P3 order in I.A.632/2007 learned Munsiff restrained defendants including petitioners herein from causing obstruction to the enjoyment of item No. 2 to 7 of the plaint schedule properties and also causing obstruction to first respondent from taking income from 2/7 portion of the yield from item No.1 of the plaint schedule property. It is submitted that an appeal is pending challenging Ext.P3 order. 2. Learned counsel appearing for petitioners submitted that petitioners are not disputing the right of first respondent in respect of item 2 to 7 W.P.(C)13142/2008 2 of plaint schedule properties and dispute is only with regard to item No.1. Learned counsel pointed out that it is not possible to implement the order allowing first respondent to take 2/7 portion of the yield from item No.1 of plaint schedule properties. There is force in the submission. Learned counsel submitted that petitioners are prepared to take the income by appointing a Commissioner and deposit 2/7 share of the yield from item No.1 of plaint schedule property before the court. Learned counsel for first respondent submitted that without instructions it is not possible to agree with the proposal. 3. On hearing the learned counsel and going through Ext.P1 order, it is clear that Ext.P1 order in respect of item No.1 of plaint schedule properties cannot be enforced by directing Circle Inspector of Police to give aid to first respondent. In such circumstance, Ext.P1 order in respect of item No.1 of the plaint schedule property alone is set aside. Learned Munsiff is W.P.(C)13142/2008 3 directed to consider the suggestions made by petitioners herein and pass appropriate order in accordance with law in respect of item No.1 of the plaint schedule properties. If prelude steps in the suit are over, learned Munsiff to dispose the suit as expeditiously as possible. Writ Petition is disposed of as above. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006