IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE V.K.MOHANAN MONDAY, THE 31ST MARCH 2008 / 11TH CHAITHRA 1930 CMCP.No. 55 of 2007() --------------------- OS.285/1992 of SUB COURT, MUVATTUPUZHA .................... PETITIONER/APPELLANT/PLAINTIFF. ------------------- ANNA,W/O. LATE MATHAI, RESIDING AT MADAPPATTU HOUSE,RAMAPURAM VILLAGE, MEENACHIL TALUK, KOTTAYAM DIST. BY ADV. SRI.V.CHITAMBARESH SRI.S.K.AJAY KUMAR RESPONDENTS/RESPONDENTS: DEFENDANTS ----------------------- 1. ELI @ ALIAMMA,W/O. MATHEW. 2. SURESH MATHEW,S/O. MATHEW 3. SELVIN MATHEW, S/O. MATHEW RESPONDENTS 1 TO 3 ARE RESIDING AT VALUMMEL HOUSE, ADICHILY,KUNNAPPILLY P.O., CHAQLAKUDY, MUKUNDAPURAM TALUK,THRISSUR DISTRICT. 4. PAILY,S/O.MATHAI, RESIDING AT AVVUPPADATHU HOUSE, EZHAKKARANADU, MANEEDU VILLAGE MUVATTUPUZHA TALUK,ERNAKULAM DISTRICT. 5. JIJI MATHEW,D/O. THAYYIL T.J.MATHEW. 6. JIJO MATHEW, S/O.THAYYIL T.J.MATHEW. 7. THRESSIAMMA,W/O.THAYYIL T.J.MATHEW. 8. T.J.MATHEW,S/O.THAYYIL T.M.JACOB. RESPONDENTS 5 TO 8 ARE RESIDING AT THAYYIL HOUSE MUTTAMBALAM VILLAGE, MUTTAMBALAM KARA, KOTTAYAM DISTRICT. 9. MATHEW,S/O. VALUMMEL DEVASSIS, RESIDING AT VALUMMEL HOUSE,ADICHILI, KUNNAMPPILLY P.O., (VIA) MUKUNDAPURAM TALUK, THRISSUR DISTRICT. BY ADV. SRI.MATHEW JOHN (K) THIS CIVIL MISC. CASE(PAUPER) HAVING BEEN FINALLY HEARD ON 31/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.R.RAMAN & V.K.MOHANAN, JJ. ------------------------------- C.M.C.(P)NO.55 OF 2007 & I.A.NO.3732 OF 2007 IN R.F.A.(INDIGENT)NO. 2007 -------------------------------- Dated this the 9th day of October, 2007 O R D E R Raman, J. Respondents 6 and 8 have filed a Caveat. Hence fresh notice is dispensed with and Sri Mathew John, learned counsel takes notice on behalf of them. He also submits that he can take notice on behalf of respondents 5 and 7. Issue notice to other respondents. 2. I.A.No.3732/2007 is an application for ad-interim injunction restraining the respondents from cutting down the valuable trees or otherwise commit acts of waste in plaint schedule property. The suit is one for partition, declaration and injunction. The suit was dismissed, against which the appeal is filed. The C.M.C. is filed seeking permission to file the appeal as an indigent person. 3. Heard the learned Counsel Sri Mathew John. According to them, certain rubber trees are ready for slaughter tapping and thereafter it will have to be cut and removed for replantation. As the matter stands, the slaughter tapping is not over. Hence there will be an -2- C.M.C.(P) No.55/07 & I.A.No.3732/2007 interim direction that the trees in the property shall not be cut and removed without permission from this Court. It is open to the respondents to move for appropriate orders as and when slaughter tapping is over. P.R.RAMAN, Judge. V.K.MOHANAN, Judge. kcv.