IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 25TH JANUARY 2008 / 5TH MAGHA 1929 WP(C).No. 2987 of 2008(E) ------------------------- PETITIONER: ------------ RADHAMONY, W/O.CHANDRASEKHARAN, AGED 45 YEARS, MANGALATHUCHIRAYIL FROM MENARIPARAMBIL, CHERTALA EAST MURI OF KOKKOTHAMANGALAM VILLAGE, CHERTHALA P.O. BY ADV. SRI.C.K.SAJEEV RESPONDENTS: ------------- 1. NARAYANAN, S/O.KUTTAN, MELEPOKKATTU, CHERTHALA EAST MURI OF KOKKOTHAMANGALAM VILLAGE, CHERTHALA P.O. 2. SUSEELA, W/O.NARAYANAN OF DO. DO. 3. SATHYAN, S/O.NARAYANAN OF DO. DO. 4. PRASAD, S/O.NARAYANAN OF DO. DO. 5. BINDU, D/O.NARAYANAN OF DO. DO. 6. VIMALA, D/O.NARAYANAN OF DO. DO. 7. MINI, D/O.NARAYANAN OF DO. DO. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. -------------------------- W.P.(C). NO. 2987 OF 2008 --------------------- Dated this the 25th day of January, 2008 JUDGMENT This writ petition is filed against the order of the Subordinate Judge, Cherthala whereby she had dismissed the application for injunction filed in AS 3/06 by the plaintiff. The suit was dismissed on the ground of non identification of the property. There was also a suit filed by the defendant with respect to the declaration of easement and that also has been dismissed. 2. The grievance of the writ petitioner is that really there is no dispute regarding the identification of the property because it relates only to a way and therefore, the trial court was wrong in dismissing the suit. It is an order, which requires consideration at the hands of the appellate court. Since it relates to a pathway and the enjoyment of the property by the plaintiff, I direct the learned Sub Judge to dispose of AS 3/06, at any rate, before the court closes for summer holidays. The writ petition is disposed of accordingly. M.N.KRISHNAN, JUDGE vps