IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 1ST JULY 2009 / 10TH ASHADHA 1931 WP(C).No. 6861 of 2009(O) ------------------------- CMA.17/2007 of SUB COURT,NEYYATTINKARA .................... PETITIONER(S): -------------------------- M.S.SHEELA KUMARI, W/O.EDWIN RAJ, ANUGRAHA R.C.STREET, KADAVATTARAM DESOM, NEYYATTINKARA. BY ADV. MR.G.S.REGHUNATH RESPONDENT(S): --------------------------- 1. EMMANUVELAMMAL, KALLUVILAYAYA ALUNINNA VILA VEEDU, KADAVATTARAM DESOM, NEYYATTINKARA. 2. E.REETHA, D/O.EMMANUVELAMMAL, KALLUVILAYAYA ALUNINNA VILA VEEDU, KADAVATTARAM DESOM, NEYYATTINKARA. R1 & R2 BY ADV. MR.S.JAMES VINCENT THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.6861/2009 O APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE PLAINT IN O.S.NO.307/07 ON THE FILE OF THE MUNSIFF'S COURT, THIRUVANANTHAPURAM. P2: COPY OF THE I.A.NO.2052/07 IN O.S.NO.307/07 ON THE FILE OF THE MUNSIFF'S COURT, THIRUVANANTHAPURAM. P3: COPY OF THE OBJECTION TO INJUNCTION PETITION I.A.NO.2052/07. P4: COPY OF THE SALE DEED OF 1966. P5: COPY OF THE DELIVERY LIST IN O.S.NO.1094/1988. P6: COPY OF THE SALE DEED NO.449/07. P7: COPY OF THE TAX RECEIPT. P8: COPY OF THE JUDGMENT IN O.S.NO.72/1984 DTD. 30/08/1986. P9: COPY OF THE DECREE IN O.S.NO.72/1984 DTD. 30/08/1986. P10: COPY OF THE ORDER DTD. 29/06/2007 IN APPLICATION FOR INJUNCTION. P11: COPY OF THE ORDER DTD. 17/12/2008 IN CMA 17/07. P12: COPY OF THE SALE DEED OF 1100 M.E. P13: COPY OF THE JUDGMENT DTD. 31/07/2001 IN A.S.NO.122/96 OF THE SUB COURT, NEYYATTINKARA. P14: COPY OF THE DECREE DTD. 30/06/92 IN A.S.NO.87/1987 OF THE SUB COURT, NEYYATTINKARA. P15: COPY OF THE SALE DEED NO.2920/1124. P16: COPY OF THE EXHIBIT B1 SALE DEED. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss S.S. SATHEESACHANDRAN, J. ```````````````````````````````````````````````````` W.P.(C) No. 6861 OF 2009 O ```````````````````````````````````````````````````` Dated this the 1st day of July, 2009 J U D G M E N T The writ petition is filed seeking the following reliefs: “ (i) all records relating to Ext.P11 be called to this court and an order be passed setting aside and quash Ext.P11 order; (ii) an order be passed staying the operation of Ext.P11 order, pending disposal of this writ petition.” 2. Petitioner is the 3rd defendant in OS.No.307/07 on the file of the Munsiff Court, Thiruvananthapuram. Respondents are the plaintiffs in the suit. Suit is for declaration for title and possession over B schedule property and for injunction. Along with the suit, the plaintiff filed an application for interim injunction till disposal of the suit. That application, after hearing both sides, was declined by the learned Munsiff. Against that order, plaintiff preferred an appeal as CMA.17/07 before the Sub Court, Thiruvananthapuram and the learned Sub Judge, after examining the materials produced and hearing the counsel on both sides, reversed the order of the learned Munsiff and granted an order of WPC.6861/09 : 2 : interim injunction. Ext.P11 is the copy of that judgment. The present writ petition is filed impeaching the correctness and propriety of Ext.P11 judgment rendered by the learned Sub Judge, Neyyattinkara, invoking the supervisory jurisdiction of this court under Article 227 of the Constitution of India. 3. I heard the counsel on both sides. Having regard to the facts and circumstances presented and taking note of the submissions made by the counsel on both sides with reference to Ext.P11 judgment, I find no impropriety or illegality warranting any interference or modification, invoking the supervisory jurisdiction vested with this court under Article 227 of the Constitution of India. It is submitted by the learned counsel for the petitioner that the suit has already been listed for trial on 3.7.2009. Needless to point out that the observations or views, if any, expressed by the learned Munsiff as well as the learned Sub Judge will not have any reflection or bearing in the decision of the suit as it has to be taken after appreciating the materials produced by both sides and affording reasonable opportunity to them to establish their respective case. I direct the learned Munsiff to dispose of the suit WPC.6861/09 : 3 : untrammelled by any of the observations made in his order as well as in Ext.P11 judgment rendered by the learned Sub Judge in the C.M.Appeal. Writ petition is closed as indicated above. Sd/- (S.S. SATHEESACHANDRAN, JUDGE) aks // True Copy // P.A. to Judge