IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN WEDNESDAY, THE 26TH NOVEMBER 2008 / 5TH AGRAHAYANA 1930 WP(C).No.34817 of 2008 (T) --------------------------------- AS.108/2008 of ADDL.DISTRICT COURT, KOZHIKODE O.S.423/02 OF FIRST ADDL. SUBORDINATE JUDGE'S COURT, KOZHIKODE. .................... PETITIONER: --------------- C.P.VIJAYALAKSHMY, W/O.NARAYANA PANICKAR, LAKSHMY SADANAM, CHERUVANNUR AMSOM - DESOM, KOZHIKODE, KOZHIKODE TALUK. BY ADV. SRI.R.BINDU (SASTHAMANGALAM) SRI.PRASANTH M.P RESPONDENT: --------------- C.P.INDIRA DEVI, W/O.P.K.NAIR, "PRADAM" - KARIVISSERY AMSOM - DESOM KOZHIKODE TALUK. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------------ W. P. C. No.34817 of 2008 ------------------------------------------------ Dated this the 26th day of November, 2008 JUDGMENT The petitioner is the defendant in O.S.423/02 on the file of the First Additional Subordinate Judge's Court, Kozhikode. As per Ext.P1 preliminary judgment partition of the scheduled property therein was decreed and the petitioner/defendant is allowed to be allotted the building in the scheduled property included in her share and the plaintiff is allowed mesne profits which would suggest that plaintiff is not in enjoyment of the scheduled property. However, the petitioner/defendant filed A.S.108/08 claiming value of improvements also in addition to the relief granted by the trial court. During pendency of the appeal, she filed I.A.2096/08 for an injunction against the respondent/plaintiff on the allegation that her occupation in the W. P. C. No.34817 of 2008 -2- scheduled building is being interfered with by the respondent/plaintiff and she is unable to reside in the building in the scheduled property peacefully. The grievance of the petitioner is that I.A.2096/08 is being posted along with the appeal by the first appellate court and no emergent orders are being passed on I.A. 2096/08. She has therefore, prayed for an interim order of injunction from this Court restraining the respondent from causing any obstruction to her peaceful living along with her family in the building in the scheduled property, special rights over which has already been upheld by the preliminary decree in her favour and further to direct the first appellate court to pass orders on I.A.2096/08 expeditiously. 2. Having perused and considered the records produced before me, I am of the view that an interim order of injunction has to be W. P. C. No.34817 of 2008 -3- granted by this Court till orders are passed on I.A.2096/08 by the first appellate court but however, for the purpose this Writ Petition need not be retained on file giving notice to the respondent. 3. In the result, dispensing with notice to the respondent, I grant an injunction in favour of the petitioner restraining the respondent from causing any obstruction to the peaceful living of the petitioner and members of her family in the building in the scheduled property till orders are passed on I.A.2096/08 in A.S.108/08 by the first appellate court. The First Additional District Judge, Kozhikode before whom the appeal is pending is directed to pass appropriate orders on I.A.2096/08 positively within two weeks from the date on which a copy of this judgment is produced before him. The appellant is directed to produce before the First Additional District W. P. C. No.34817 of 2008 -4- Judge a copy of this judgment forthwith. 4. Issue copy urgently. K.P.BALACHANDRAN, JUDGE kns/-