IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 25TH NOVEMBER 2008 / 4TH AGRAHAYANA 1930 WP(C).No. 34794 of 2008(P) -------------------------------------------- OS.469/2007 of MUNSIFF COURT, CHITTUR .................... PETITIONER: SHANMUGHARAJAN, S/O.NATARAJAN CHETTIYAR, AGED 40, OPPOSITE FIRE STATION, CHITTUR TALUK, PALAKKAD DIST. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT: SURESH, S/O.PARASURAMAN CHETTIYAR, AGED 37 YEARS, KRISHNA NIVAS, CHITTUR ROAD, NATTUKAL P.O., VALIYAVALLAMPATHY VILLAGE, CHITTUR TALUK, PALAKKAD DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. Balachandran, J. -------------------------- W.P.(C)No.34794 of 2008 P -------------------------- JUDGMENT Petitioner is the defendant in O.S.No.469/07 on the file of the Munsiff's Court, Chittur. The suit was filed by the respondent for a decree of permanent prohibitory injunction restraining the petitioner/defendant from destroying the eves of the eastern roof, eastern roof corner projections and also the tin sheet drain projections of plaint A schedule house obstructing the flow of rain water, it is submitted. However, an interim injunction order was passed and in violation of the order, certain portions were removed by the petitioner/defendant. Vide common order on I.A.Nos. 2240/07, 2819/07 and 2415/07 dated 28.1.2008, the trial court directed restoration of the roofing of the building situated in plaint A schedule property to its original position as on the date of suit under the supervision of a Commissioner and to file a report together with accounts showing the actual WPC 34794/08 2 expenses incurred for restoration along with supportive documents. 2. It is submitted by the counsel for the petitioner that the said order was assailed by filing C.M.Appeal Nos.18/08, 19/08 and 17/08 before the District Court, Palakkad. But, the District Judge, by a common judgment passed in those C.M. Appeals, confirmed the common order passed by the trial court on the aforesaid I.As. The concurrent orders of the courts below was assailed before this Court by filing W.P.(C)No.14983/08 and this Court, vide Exhibit P7 judgment dated 1.9.2008, dismissed the said writ petition confirming the concurrent orders passed by the courts below. It is submitted that Exhibit P7 judgment was further attempted to be assailed before the Apex Court, but in vein. It is pursuant thereto that the trial court passed Exhibit P8 order on I.A.No.2562/08 in O.S.No.469/07 deputing a Commissioner to restore the roofing of the building situated in plaint A schedule property WPC 34794/08 3 to its original position, so that status quo anti, viz., position as it existed on the date of filing of the suit will be restored. This writ petition is filed by the petitioner/defendant assailing Exhibit P8 order passed by the trial court. 3. The prayers advanced in this writ petition are to issue appropriate directions to the Munsiff to dispose of O.S.No.469/07 within a time limit fixed by this Court and for an interim order staying operation of all further proceedings pursuant to Exhibit P8 order. The object sought to be achieved by the petitioner is not to comply with the order passed by the trial court, which was confirmed in appeal and by this Court in W.P.(C) No.14983/08, on which stamp of approval was further affixed by the Apex Court rejecting the SLP and to avoid the order being complied with by deputing a Commissioner as ordered vide Exhibit P8. There is absolutely no merit in asking for interim stay of operation of all further proceedings pursuant to WPC 34794/08 4 Exhibit P8 order. In no event, can any direction be given to the Munsiff to dispose of the suit till compliance of the order by the defendant is had as directed in Exhibit P8 order of the court below. This writ petition, in the circumstances, is devoid of merit and is dismissed. 25th November, 2008 (K.P.Balachandran, Judge) tkv