IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 21ST NOVEMBER 2011 / 30TH KARTHIKA 1933 OP(C).No. 3771 of 2011(O) ------------------------- OS.88/2011 of MUNSIFF COURT, MAVELIKKARA .................... PETITIONER (S): ------------------------------ SHEELA,AGED 41 YEARS,D/O.LAKSHMI, KAVINTE PADITTATHIL,MUTTOM PO, HARIPPAD. BY ADV. SRI.D.AJITHKUMAR RESPONDENT(S): --------------- SREEJA,W/O.SURENDRAN,MUNDAKKOTTU PADEETTATHIL, NADUVILE MURI,NOORANADU VILLAGE, MAVELIKKARA 690 101. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 21/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C0NO.3771/2011 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1 TRUE COPY OF THE PLAINT IN OS NO.88/2011 BEFORE THE MUNSIFF'S COURT,MAVELIKKARA. EXHIBIT P2 TRUE COPY OF THE SKETCH EXHIBIT P3 TRUE COPY OF THE ORDER DATED 2/8/2011 IN IA NO. 1170/2011 IN OS NO.88/2011 BEFORE THE MUNSIFF'S COURT MAVELIKKARA. EXHIBIT P4 TRUE COPY OF THE ORDER DATED 15/11/2011 IN OS NO.88/2011 PASSED BY THE MUNSIFF'S COURT,MAVELIKKARA. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// THOMAS P.JOSEPH, J. ==================================== O.P(C) No.3771 of 2011 ==================================== Dated this the 21st day of November, 2011 J U D G M E N T Prayer in this petition is to direct the learned Munsiff, Mavelikkara to keep in abeyance Exts.P3 and P4, orders for one month to enable petitioner challenge the said orders. 2. Respondent filed O.S. No.88 of 2011 in the court of learned Munsiff, Mavelikkara for declaration of right of easement by way of necessity over plaint C schedule, described as a way and for prohibitory injunction. Learned Munsiff passed Exts.P3 and P4, orders in respect of the said way directing the defendant in the suit to remove the obstruction allegedly caused to the said way. Petitioner claimed that she is the owner of a portion of property through which the way allegedly passed but she was not made a party. It is the grievance of petitioner that Exts.P3 and P4, orders are obtained with respect to the property of petitioner behind her back. Learned counsel submitted that petitioner is filing appropriate applications in the suit. It is submitted that Ext.P4, order is to enforce Ext.P3, order with police assistance as directed in the said order and it may be carried out at any point of O.P(C) No.3771 of 2011 -: 2 :- time which will cause prejudice to the petitioner. 3. Having heard learned counsel I am inclined to direct that Exts.P3 and P4, orders will stand in abeyance till 24.11.2011. It is open to the petitioner to move appropriate applications before the learned Munsiff, if she is otherwise entitled to that course. Original Petition is disposed of as above. THOMAS P. JOSEPH, JUDGE. vsv