IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 25TH MARCH 2008 / 5TH CHAITHRA 1930 WP(C).No. 5092 of 2008(F) ------------------------------------ PETITIONER: ------------------- A.C. LEELAVATHY, W/O.LATE T.K.VASUDEVAN RANJU NIVAS, MUSEUM ROAD, CHEMBUKKAVU VILLAGE THRISSUR TALUK. BY ADV. SRI.K.SURENDRA MOHAN RESPONDENTS: ----------------------- M/S. CHELUR PROPERTY DEVELOPMENT PROJECT LTD., REP. BY ITS MANAGING DIRECTOR DR.C.R.RAMADAS, GROUND FLOOR, CHELUR RESIDENCY SANKARAMKULAM JUNCTION, POONKUNNAM, THRISSUR. BY ADV. SRI.K.JAYAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO 5092/2008 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE PLAINT IN OS. NO.1805/06, MUNSIFF'S COURT, THRISSUR. EXT.P2:- COPY OF THE PETITION IA. NO.4614/06 FILED BY THE PETITIONER IN OS. NO.1805/06. EXT.P3:- COPY OF THE OBJECTIONS DT. 10.7.06 FILED BY THE RESPONDENT. EXT.P4:- COPY OF THE ADDITIONAL OBJECTIONS DT. 12.7.06 FILED BY THE RESPONDENT. EXT.P5:- COPY OF THE STATEMENT DT. 13.7.06 FILED BY THE RESPONDENT. EXT.P6:- COPY OF THE PETITION IA. NO.5307/06 FILED BY THE PETITIONER IN OS. NO.1805/06. EXT.P7:- COPY OF THE OBJECTIONS DT. FILED BY THE RESPONDENT. EXT.P8;- COPY OF THE COMMISSION REPORT FILED BY THE ADVOCATE- COMMISSIONER DT. 10.7.05 IN IA. NO.4615/06. EXT.P9:- COPY OF THE COMMISSION REPORT FILED BY THE ADVOCATE COMMISSIONER DT. 1.8.06 IN IA. NO.5426/06. EXT.P10:- COPY OF THE ORDER DT. 22.8.06 OF THE MUNSIFF'S COURT, THRISSUR. EXT.P11:- CERTIFIED COPY OF JUDGMENT DT. 14.11.07 OF THE DISTRICT COURT, THRISSUR IN CMA. 153/06. EXT.12:- COPY OF THE PROCEEDINGS OF THE GOVERNMENT OF KERALA NO.18964/R.B2/07/LOCAL ADMN,. DEPT. DT. 31.8.907 OF THE CHIEF TOWN PLANNER, THIRUVANANTHAPURAM. /TRUE COPY/ P.A. TO JUDGE tss M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 5092 OF 2008 = = = = = = = = = = = = = = = Dated this the 25th day of March, 2008. J U D G M E N T This writ petition is preferred with a prayer to set aside Exts.P10 and P11 orders passed in O.S.1805/06 of the Munsiff Court, Thrissur. The plaintiff therein moved an application for restraining the defendant from making any construction in the plaint B schedule property under Order 39 Rule 1 of CPC. Both the Courts below did not find in favour of the plaintiff and therefore refused to grant any order of injunction. It is against those orders the present writ petition is preferred. 2. The learned counsel for the respondent submits before me that the construction of the building is complete and therefore a further question of restraining the construction does not arise for consideration. It is also submitted before me that the Corporation has initiated action against him for violation of the building rules which he had W.P.C 5092 OF 2008 -:2:- challenged before this Court and it is pending before this Court as WPC 6194/08. Since the construction is complete and the matter relating to the violation of the rule is pending before the Court in another form of litigation and as the main subject matter in the civil suit still survives for consideration, at this stage I do not want to interfere with the order passed by the Courts below. So leaving open the contention of the parties in the proceedings which are pending before different forums I close this writ petition. 3. Needless to say when the suit is finally disposed of by the trial court it shall do so, untramelled by the observations contained in this order or in the order of the appellate judge. The writ petition is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-