IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 18TH FEBRUARY 2008 / 29TH MAGHA 1929 WP(C).No. 5737 of 2008(G) ------------------------------------- OS.227/2006 of IV ADDL. MUNSIFF COURT, ERNAKULAM .................... PETITIONERS: --------------------- 1. P.P.MENON, EX-PRESIDENT, SRI . HARI APARTMENTS OWNERS ASSOCIATION, FORT, NADAMA VILLAGE, TRIPUNITHURA MUNICIPALITY, ERNAKULAM DISTRICT. 2. THE SECRETARY, SRI.HARI APARTMENTS OWNERS ASSOCIATION, FORT, NADAMA VILLAGE, TRIPUNITHURA MUNICIPALITY, ERNAKULAM DISTRICT BY ADV. SRI.C.S.MANU SRI.S.K.PREMRAJ SMT.V.SARITHA SRI.ANOOP JOSEPH SRI.ABHILASH AKBAR SRI.T.B.SIVAPRASAD RESPONDENTS: ----------------------- RATNAKUMARI THAMPURAN, D/O. KUNJIKAVOOTY THAMPURAN, AGED 65 YEARS, PALACE NO.4, FORT, NADAMA VILLAGE, TRIPUNITHURA MUNICIPALITY, ERNAKULAM DISTRICT. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/02/2008, THE COURT ON TEHE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 5737 OF 2008 = = = = = = = = = = = = = = = Dated this the 18th day of February, 2008. J U D G M E N T This writ petition is preferred to direct the Munsiff-IV, Ernakulam to forthwith issue carbon copy of the order dated 14.2.2008 and to keep in abeyance the implementation of the order on the basis of the said decision in the above said I.A. I had gone through the writ petition and the available records. There was an interim mandatory injunction granted as per the order dated 12.11.07 by removing the post and gate erected on the 'C' schedule pathway within 30 days by an order of interim mandatory injunction. Aggrieved by that decision in stead of preferring an appeal a review petition was filed which also met with the same fate and thereafter an appeal is preferred and it is pending before the District Court. Unless and until the order in I.A.6732/07 is stayed by the competent authority, the order of the trial court will prevail and therefore one cannot find fault with the Court at W.P.C 5737 OF 2008 -:2:- this stage. I am not going into the merits of the case but suffice to say that I cannot grant an interim order of stay in this case at this stage. I dispose of the writ petition directing the Court below to issue a carbon copy of the order applied for in I.A.10460/07 in O.S.227/06 within a time frame of three days from today. The writ petition is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-