IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 7TH APRIL 2009 / 17TH CHAITHRA 1931 WP(C).No. 10511 of 2009(Y) PETITIONER: ABRAHAM J., AGED 54 YEARS, S/O.JOHNSON, RESIDING AT ROHINI, CNRA-52, MUKKOLAKKAL, THIRUVANANTHAPURAM. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR RESPONDENTS: 1. THE SUB INSPECTOR OF POLICE, PEROORKADA POLICE STATION, THIRUVANANTHAPURAM. 2. ANNIE NELSON @ ANNIE JOHANNAN, W/O.JOHANNAN, 'NAYANA', CHENKOTTUKONAM, THUNDATHIL P.O., THIRUVANANTHAPURAM. 3. YOHANNAN, 'NAYANA', CHENKOTTUKONAM, THUNDATHIL P.O., THIRUVANANTHAPURAM. ADV. SRI.BIJU BALAKRISHNAN FOR R2 GOVT. PLEADER SRI. P.A. SALIM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R. RAMAN & P.S. GOPINATHAN, JJ. = = = = = = = = = = = = = = = = = = = = W.P.(C) NO. 10511 OF 2009 = = = = = = = = = = = = = = = = = = = = = DATED THIS, THE 7TH DAY OF APRIL, 2009. J U D G M E N T Raman, J. There was a dispute between the parties regarding the construction of a house by the petitioner in his property. According to the party respondents, the construction as proposed by the petitioner has adversely affected the civil right of the second respondent and therefore, she approached the civil court and obtained an injunction against the petitioner. However, Ext.P3 is the modified order subsequently passed after hearing the parties. The operative portion of Ext.P3 reads thus: "In the result, the ex parte order of injunction is modified to the effect that the order will not stand in the way of the counter petitioners making construction in 5 cents of property owned by the first counter petitioner after keeping a distance of 1.2 Meters from the north eastern boundary of plaint A schedule. The rest of the order shall be in force till the disposal of the suit.............". WP(C) 10511/2009 :2: 2. In the result, petitioner is entitled to construct the house in five cents of property owned by him in the manner as directed by the civil court. So long as the petitioner is making the construction strictly in accordance with the modified order of the civil court, there shall not be any obstruction by the respondents herein and the police will enforce such order to that extent. However, under the guise of the civil court order petitioner may not construct the house except in the five cents as indicated in the interim order unless any modification is made by any appellate court. The writ petition is disposed of as above. P.R. RAMAN, JUDGE. P.S. GOPINATHAN, JUDGE. KNC/-