IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 23RD DECEMBER 2009 / 2ND POUSHA 1931 WP(C).No. 37399 of 2009(O) -------------------------- OS.386/2009 of PRINCIPAL MUNSIFF,ALAPPUZHA .................... PETITIONER(S): --------------- 1. KOCHUTHRESYA, AGED 41 YEARS, W/O.BABU ANTONY, NADAKKEPARAMBIL, CHETTIKKADU MURI, PATHIRAPPALLY, ALAPPUZHA. 2. BABU ANTONY, AGED 50 YEARS, S/O.ANTONY, NADAKKEPARAMBIL, CHETTIKKADU MURI, PATHIRAPPALLY, ALAPPUZHA. BY ADV. SRI.K.C.SUDHEER SRI.MANJU ANTONEY RESPONDENT(S): --------------- 1. M.S.PONNAMMA, AGED 53 YEARS, W/O.JOSEPH, MEDAYIL, KOMMADI WARD, THUMBOLY, ALAPPUZHA. 2. MANJU, AGED 21 YEARS, D/O.PONNAMMA, MEDAYIL, KOMMADI WARD, THUMBOLY, ALAPPUZHA. 3. SUNIL @ VARGHESE JAMES, AGED 40 YEARS, S/O.JAMES, PALLICKATHAYYIL, CHERTHALA THEKKUMMURI, CHERTHALA VILLAGE, ALAPPUZHA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ---------------------------------------- W.P.(C).No.37399 OF 2009 -------------------------------- Dated this the 23rd day of December 2009 ---------------------------------------------------------- JUDGMENT Petitioners are the defendants 1 and 2 in O.S No.386 of 2009 on the file of the Munsiff Court, Alappuzha. The above suit has been filed by the respondents 1 and 2 as plaintiffs seeking a decree of mandatory injunction. Petitioners have filed another suit for a decree of perpetual prohibitory injunction against the respondents 1 and 2 and that suit numbered as O.S No.114 of 2009 is pending before the very same court. Pending the two suits, petitioners have filed an application seeking permission of the court for permitting them to put up a compound wall in their property. Ext.P7 is the copy of that application. The learned counsel for the petitioner submits, by mistake, instead of the word 'defendants', the word 'plaintiffs' has been used in the petition seeking permission for putting up of the compound wall. Whatever that be on the facts and circumstances W.P.(C).No.37399 OF 2009 Page numbers presented and submissions made by the counsel, I find no direction can be issued to the court below with respect to Ext.P7 application by this court in exercise of its visitorial jurisdiction as canvassed for by the petitioners. If at all they are entitled to construct a compound wall in their property pending the two suits as requested for in Ext.P7 application, petitioners can seek for appropriate directions/orders on that application before the court below. Subject to the observations made above, the writ petition is closed. Sd/- S.S.SATHEESACHANDRAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv