IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 28TH MAY 2007 / 7TH JYAISHTA 1929 WP(C).No. 15993 of 2007(D) -------------------------- OS.3229/2005 of PRL.MUNSIFF COURT,THRISSUR .................... PETITIONER: ------------ CHANDRIKA, AGED 66, D/O.JANAKIAMMA, KADANGOTTUVEETTIL HOUSE,POONKUNNAM VILLAGE DESOM, THRISSUR DISTRICT. BY ADV. SRI.G.SREEKUMAR (CHELUR) RESPONDENTS: ------------- SANKARANARAYANAN, S/O.JANAKIAMMA, KADANGOTTUVEETTIL HOUSE, (AAYILYAM), POONKUNNAM VILLAGE DESOM, THRISSUR DISTRICT. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/05/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 15993 OF 2007 = = = = = = = = = = = = = = = Dated this the 28th day of May, 2007. J U D G M E N T This writ petition is preferred against the order of the learned Munsiff, Thrissur in I.A.1657/07 in O.S.3229/05. The petitioner who is the first plaintiff in the case, in a suit for partition moved an interim application seeking permission to construct a two storied building for which he had obtained permission from the Corporation. This was strongly opposed by the other side and the Court dismissed the application. It is against that decision the present writ petition is filed. 2. It is a well settled principle that party shall not be permitted to make improvements in the property which is involved in a suit for partition unless there is consent from the other sharers because it will affect the partition to be effected by metes and bounds. This position has been clarified by this Court in the decision reported in Kassinkunju v. Velayudhan Pillai 1972 KLT 861. So, the decision of the trial court in not granting permission to construct new structures in the property when a suit for partition is pending and when it is opposed by the other co- W.P.C. NO. 15993 OF 2007 -:Page numbers:- owners, is perfectly correct in law which does not call for any interference. The writ petition, therefore, lacks merit and it is dismissed. At the same time I make it very clear that if there is an existing structure which requires any repairs or maintenance, the petitioner is at liberty to move the trial court for permission and it shall be considered by the trial court after giving notice to all parties. If the suit is ripen for trial and if it is possible for the trial court, it may try to dispose of the matter as expeditiously as possible. M.N. KRISHNAN, JUDGE. ul/-