IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 10TH DECEMBER 2010 / 19TH AGRAHAYANA 1932 OP(C).No. 1112 of 2010(O) ------------------------- AGAINST THE ORDER IN IA.1889/2010 IN OS.100/2010 of SUB COURT,NEYYATTINKARA .................... PETITIONER: -------------------- P VIJAYAMOHAN S/o. PARAMESWARA PANICKER TC 9/266(1), PAIPPINMOODU SASTHAMANGALAM P O TRIVANDRUM BY ADV. SRI.S.MOHAMMED AL RAFI RESPONDENTS: --------------- 1. BALAKRISHNAN SURENDRAN ASWANTH BHAVAN, KOTTALAM PARASSUVAKKAL PARASALA TRIVANDRUM- 695 502 2. RAJENDRAN S/o. PARAMESWARA PANICKER EASWARAVILASOM, KATTAKKADA ROAD BALARAMAPURAM P O, ATHIYANOOR VILLAGE TRIVANDRUM 695401 3. SREEKUMARAN S/o. PARAMESWARA PANICKER EASWARAVILASOM, KATTAKKADA ROAD BALARAMAPURAM P O, ATHIYANOOR VILLAGE TRIVANDRUM 695401 4. RADHAKRISHNA S/o. PARAMESWARA PANICKER EASWARAVILASOM, KATTAKKADA ROAD BALARAMAPURAM P O, ATHIYANOOR VILLAGE TRIVANDRUM 695401 5. KARUNAKARAN S/o. PARAMESWARA PANICKER EASWARAVILASOM, KATTAKKADA ROAD BALARAMAPURAM P O, ATHIYANOOR VILLAGE TRIVANDRUM 695401 6. RAGHU S/o. PARAMESWARA PANICKER EASWARAVILASOM, KATTAKKADA ROAD BALARAMAPURAM P O, ATHIYANOOR VILLAGE TRIVANDRUM 695401 THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 10/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- O.P(C).No.1112 of 2010 --------------------------------------- Dated this 10th day of December, 2010 JUDGMENT Respondent No.1 claimed title and possession over the suit property as per a sale deed executed by petitioner on 17-06-2006 regarding undivided half share of petitioner. He claimed that later he has obtained a correction deed executed by petitioner on 12-01-2009. Following that, there was a partition of the property and respondent No.1 got his half share, 20 cents (described in the plaint schedule) to his possession. He filed O.S.No.100 of 2010 in the court of learned Sub Judge, Neyyattinkara for a decree for prohibitory injunction and other reliefs against petitioner and respondent Nos.2 to 6. Petitioner filed written statement and counter claim contending that there was no sale in favour of respondent No.1 and that for the sum of Rs.10,00,000/- borrowed from respondent No.1 a sale deed was executed as security and later, as requested by respondent No.1 petitioner happened to execute a correction deed also. Petitioner claimed to be in possession and enjoyment of the property. Respondent No.1 filed application for temporary injunction. That was opposed by petitioner. There was an interim order of injunction O.P(C).No1112 of 2010 : 2 : which after hearing both sides learned Sub Judge extended till disposal of the suit as per order dated 30-11-2010. There was also an application for enforcement of the order of injunction (Ext.P4, I.A.No.1889 of 2010) with police assitance. That application was allowed vide order dated 08-12-2010 after hearing both sides. Petitioner is aggrieved by the said orders. It is contended that though copies of orders dated 30-11-2010 and 08-12-2010 were applied for, it has not so far been issued to the petitioner. Apprehension of petitioner is that with police assistance respondent No.1 might dispossess him. Hence,it is prayed that operation of the order dated 08-12-2010 be kept in abeyance until disposal of this petition. Learned counsel contended that respondent No.1 is a money lender and that petitioner has already filed O.S.No.235 of 2009 for cancellation of the sale deed. 2. Certainly, if petitioner has applied for copy of the orders it must be issued to him at the earliest but the further relief for keeping the order dated 08-12-2010 in abeyance cannot be allowed since that order was passed after learned Munsiff came to the prima facie satisfaction that respondent No.1 is in possession of the suit property and granted temporary injunction O.P(C).No1112 of 2010 : 3 : till disposal of the suit on 30-11-2010. Proper remedy available to the petitioner is to challenge the impugned orders in the appropriate forum. Hence interim relief prayed for cannot be granted. Learned Sub Judge is directed to issue copy of the orders dated 30-11-2010 and 08-12-2010 to the petitioner if it is applied for at the earliest and at any rate within a week from the production of a copy of this judgment. This petition is disposed of as above. (THOMAS P JOSEPH, JUDGE) Sbna/-