IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 5TH MARCH 2010 / 14TH PHALGUNA 1931 WP(C).No. 38336 of 2008(L) -------------------------------------- (OS.NO.322/1978 OF MUNSIFF COURT,CHAVAKKAD) .................... PETITIONERS: --------------------- 1. KAMALAKSHY, WIDOW OF KODAKKATTIL BHASKARAN. 2. DR.K.B.MANJU, D/O.KODAKKATTIL BHASKARAN. 3. DR.K.B.MANOJ KUMAR, S/O.KODAKKATTIL BHASKARAN, (THE 1ST PETITIONER IS REPRESENTED BY HER SON THE 3RD PETITIONER AS HER POWER OF ATTORNEY HOLDER) ALL ARE RESIDING AT KANDANASSERY VILLAGE, THALAPPILLY TALUK, THRISSUR. BY MR.V.CHITAMBARESH, SENIOR ADVOCATE, ADVS. MR.T.C.SURESH MENON, MR.JIBU P THOMAS, MR.P.S.APPU. RESPONDENTS: ------------------------ 1. AYYAPPAKUTTY, S/O.MANATHALA PONNARASSERY SANKARAN. 2. PRABHAKARAN, S/O.MANATHALA PONNARASSERY SANKARAN. 3. CHANDRAMATHY, D/O.MANATHALA PONNARASSERY SANKARAN. 4. BABY, WIDOW OF MANATHALA PONNARASSERY CHANDRASEKHARAN. 5. PRIYA, D/O.MANATHALA PONNARASSERY CHANDRASEKHARAN. W.P.(C). NO.38336/2008-L: 6. PRAMOD, S/O.MANATHALA PONNARASSERY CHANDRASEKHARAN. RESPONDENTS 1 TO 6 ARE RESIDING AT KANDANASSERY VILLAGE, THALAPPILLY TALUK, THRISSUR DISTRICT. 7. LEENA DAYANANDAN, D/O.KODAKKATTIL BHASKARAN. 8. ARAVINDAGHOSH, S/O.KODAKKATTIL BHASKARAN, REPONDENTS 7 AND 8 ARE RESIDING AT KANDANASSERY VILLAGE, THALAPPILLY TALUK, THRISSUR DISTRICT. R1 TO R6 BY ADVS. MR.K.RAMACHANDRAN, MR.S.SREEDEV. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.38336/2008-L: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER IN E.P. NO. 110/1999 IN O.S. NO. 322/1978 ON THE FILE OF THE COURT OF THE MUNSIFF OF CHAVAKKAD DTD. 16/08/2001. EXT.P.2: COPY OF THE ORDER IN E.A. NO.687/2007 IN E.P. NO. 110/1999 IN O.S. NO. 322/1978 ON THE FILE OF THE COURT OF THE MUNSIFF OF CHAVAKKAD DTD. 23/05/2008. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. P.BHAVADASAN, J. --------------------------------------- WP(C) No.38336 of 2008-L --------------------------------------- Dated 5th March 2010 Judgment This Writ Petition is filed under Article 227 of the Constitution of India, challenging Ext.P2 order passed by the Munsiff's Court, Chavakkad. 2. Respondents 1 to 6 herein sought to enforce a decree for mandatory injunction in OS No.322/78 by filing EP No.110/99. Initially, the attachment of the property was ordered for three months. Subsequently, respondents 1 to 6 moved EA No.687/07 to revive the order of attachment. The Court below considered the said EA and extended the order of attachment for another six months. The said order is produced as Ext.P2, which is under challenge in this Writ Petition. 3. It is submitted that WP(C) No.5397/10 filed by the very same petitioners raising the very same issue raised in this petition, has been pending before this Court. WPC 38336/08 2 In view of the said fact, it is unnecessary to adjudicate on the issue raised in this Petition. Accordingly, this Writ Petition is closed without prejudice to the right of the petitioners to urge all their contentions, in WP(C) No.5397/10. P.BHAVADASAN, JUDGE sta WPC 38336/08 3