IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 11TH APRIL 2008 / 22ND CHAITHRA 1930 WP(C).No. 12760 of 2008() ------------------------------------ AGAINST THE ORDER DATED / / IN IA 756/07 & IA 240/08 IN OS.130/2007 of MUNSIFF MAGISTRATE, ERATTUPETTA .................... PETITIONER: ------------------ JOSE JOSEPH, S/O.JOSEPH, AGED 53 YEARS, RESIDING AT PORKKATTIL, MELUMPARA KARA, KONDOOR VILLAGE, MEENACHIL TALUK, AMPARANIRAPPEL P.O., KOTTAYAM-686 578. BY ADV. SRI.MANUEL KACHIRAMATTAM RESPONDENTS: ----------------------- 1. P.C.JOSEPH, S/O.CHACKO, AGED ABOUT 75 YEARS, RESIDING AT PERUMPALLIL, MELUMPARA KARA, KONDOOR VILLAGE, MEENACHIL TALUK, KOTTAYAM. 2. MATHAI, S/O.MATHAI, AGED 53 YEARS, RESIDING AT AMBATTU, MELUMPARA KARA, KONDOOR VILLAGE, MEENACHIL TALUK, AMPARANIRAPPEL P.O., KOTTAYAM-686 578. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 12760 OF 2008 = = = = = = = = = = = = = = = Dated this the 11th day of April, 2008. J U D G M E N T This writ petition is preferred with a prayer to set aside Exts.P2 and P5 orders in I.A.756/07 and I.A.240/08 in O.S.130/07. The plaintiffs have filed a suit for declaration of the right of way as a public way. They sought permission under Section 91 of the CPC to file a suit. I.A.661/07 was filed to the said effect. The Court ordered publication in that I.A. and on account of the failure of the plaintiff to produce the publication the Court dismissed that application. Thereafter the plaintiffs moved applications for extending time and for paper publication. All those petitions were dismissed. The fundamental question is in order to allow a paper publication there must be petition giving sanction under Section 91 CPC to be alive. The said application is not alive. Therefore unless an application is filed to restore I.A.661/07 and then the consequential prayers are made W.P.C 12760 OF 2008 -:2:- even if the Court wants, it cannot grant the relief which the plaintiff wants now. Therefore I dispose of the writ petition with a direction to the petitioner herein permitting him to file an application for restoration of I.A.661/07 and the Court after giving due notice to the defendants appearing in the suit, consider it and pass appropriate orders and till a decision is taken on the same not to proceed with the trial of the case. The writ petition is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-