IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 27TH OCTOBER 2011 / 5TH KARTHIKA 1933 OP(C).No. 3476 of 2011(O) -------------------------------------- OS.NO.841/2011 of II ADDL.MUNSIFF'S COURT, NEYYATTINKARA .................... PETITIONERS ---------------------- 1. SADASIVA PANICKER, CHARUVILA PUTHEN VEEDU, PULLOORKONAM VIZHINJAM P.O, THIRUVANANTHAPURAM.PIN-695 521 2. SUNCHI, D/O.SADASIVA PANICKER, CHARUVILA PUTHEN VEEDU, PULLOORKONAM VIZHINJAM P.O, THIRUVANANTHAPURAM.PIN-695 521 3. VIDHU BALA, D/O.SADASIVA PANICKER, CHARUVILA PUTHEN VEEDU, PULLOORKONAM VIZHINJAM P.O, THIRUVANANTHAPURAM.PIN-695 521 4. SUBADRA, W/O.BABU, CHARUVILA PUTHEN VEEDU, PULLOORKONAM VIZHINJAM P.O, THIRUVANANTHAPURAM.PIN-695 521 5. GOPINATHAN, CHARUVILA PUTHEN VEEDU, PULLOORKONAM VIZHINJAM P.O, THIRUVANANTHAPURAM.PIN-695 521 6. ANEESH, S/O.VIJAYAN, CHARUVILA PUTHEN VEEDU, PULLOORKONAM VIZHINJAM P.O, THIRUVANANTHAPURAM.PIN-695 521 7. VENU, S/O.RAGHAVAN, CHARUVILA PUTHEN VEEDU, PULLOORKONAM VIZHINJAM P.O, THIRUVANANTHAPURAM.PIN-695 521 BY ADV. SMT.MANJU RAJAN RESPONDENT(S): --------------------------- SURESH KUMAR,SUMAN NIVAS, PORODU, VIZHINJAM, THIRUVANANTHAPURAM-595 521. BY THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 27/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts OP(C)NO.3476/2011 APPENDIX PETITIONER(S) EXHIBITS EXHIBIT P1- TRUE COPY OF THE PLAINT DATED 19.09.2011 IN OS.NO.841/2011 OF THE MUNSIFF COURT, NEYYATTINKARA. EXHIBIT P2- TRUE COPY OF THE INJUNCTION PETITION IN O.S.NO. 841/2011 OF THE MUNSIFF COURT, NEYYATTINKARA DATED 19.09.2011. EXHIBIT P3- TRUE COPY OF THE OBJECTION DATED 30.9.2011 IN OS.NO. 841/2011 OF THE MUNSIFF COURT, NEYYATTINKARA. EXHIBIT P4- TRUE COPY OF THE DECREE & JUDGMENT DATED 10.07.1998 IN OS NO.333/89 OF THE II ADDL.MUNSIFF COURT, NEYYATTINKARA. EXHIBIT P5- TRUE COPY OF THE PROSECUTION PETITION FILED BY THE RESPONDENT DATED 19.10.2011 IN O.S.NO. 841/2011 OF THE MUNSIFF COURT, NEYYATTINKARA. EXHIBIT P6 TRUE COPY OF THE PETITION FOR STAY FILED BY THE PETITIONER DATED 22.10.2011 IN OS NO.841/2011 OF THE MUNSIFF COURT, NEYYATTINKARA. RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ P.S.TO.JUDGE sts THOMAS P. JOSEPH, J. -------------------------------------- O.P.(C) No.3476 of 2011 -------------------------------------- Dated this the 27th day of October, 2011. JUDGMENT Defendants in O.S.No.841 of 2011 of the court of learned Munsiff, Neyyattinkara are the petitioners. Respondent filed the suit for a decree for prohibitory injunction to preserve his right of access through plaint B schedule which according to him is the means of access to the plaint A schedule. Respondent filed I.A.No.4525 of 2011 for an order of temporary injunction in that line. Later respondent filed I.A.No.4751 of 2011 for an order of mandatory injunction to direct petitioners open the gate in the plaint B schedule. Learned Munsiff, I am told allowed the applications as per order dated 15.10.2011 with which petitioners say, they are aggrieved and want to challenge the same in the superior court. In the meantime, respondent has filed two applications, one to prosecute the petitioners for alleged violation of order of prohibitory injunction and the other, to direct the Amin keep the gate opened. Learned counsel submits that petitioners have applied for a copy of the order dated 15.10.2011, are yet to get it and prefer the appeal. In the meantime, if the prosecution petition is proceeded and the Amin opens the gate, right of petitioners will be affected. Hence petitioners seek a direction to the learned Munsiff to issue certified copy of the orders dated 15.10.2011 on I.A.Nos.4525 and 4751 of 2011 and such other orders as this Court deems just and proper. OP(C)No.3476/2011 2 2. Having heard learned counsel I am not inclined to think at this stage that I must interfere with the order directing the Amin to keep the gate in the plaint B schedule open but, the disposal of the prosecution petition shall be kept in abeyance for the time being. Resultantly this Original Petition is disposed of as follows: i. Learned Munsiff, Neyyattinkara is directed to issue certified copies of the order dated 15.10.2011 on I.A.Nos.4525 of 2011 and 4751 of 2011 in O.S.No.841 of 2011 if applied for as per Rules subject to usual terms as early as possible, at any rate within one month from the date of receipt of a copy of this judgment. ii. It is directed that disposal of the prosecution petition if any preferred by the respondent shall remain in abeyance for a period of 45 days from the date on which the copy of this judgment is produced before the learned Munsiff, Neyyattinkara. THOMAS P.JOSEPH, Judge. cks