IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 22ND OCTOBER 2009 / 30TH ASWINA 1931 WP(C).No. 35000 of 2008(N) --------------------------------------- CMA.NO.2/2008 OF SUB COURT, MUVATTUPUZHA, I.A.NO.1230/08 IN OS.NO.167/2008 OF MUNSIFF COURT,MUVATTUPUZHA. .................... PETITIONERS: --------------------- 1. N.S.S. MUVATTUPUZHA TALUK UNION, VELLOOR KUNNAM, MUVATTUPUZHA, REPRESENTED BY ITS ACTING PRESIDENT, P.K. RADHAKRISHNAN. 2. N.S.S. VELLOORKUNNAM KARAYOGAM, VELLOORKONAM, MUVATTUPUZHA, REPRESENTED BY ITS SECRETARY, P. CHANDRASEKHARAN NAIR. BY ADVS. MR.K.JAJU BABU, SMT.M.U.VIJAYALAKSHMI, MR.BRIJESH MOHAN, MR.T.R.SADEESAN, MR.T.S.SHYAM PRASANTH. RESPONDENT: ---------------------- SRI.G. VINAYAN, S/O.GOVINDAN NAIR, AGED 51 YEARS, PULARI, KADATHY KARA, VELLOORKONAM VILLAGE, MUVATTUPUZHA TALUK. BY ADVS. SMT.ANALAKHUSI BHASKAR, MR.A.C.THOMAS ADHIKARAM. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/10/2009, ALONG WITH W.P.(C). NO. 35001 OF 2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.35000/2008-N: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE O.S. NO. 167/08 FILED BY THE RESPONDENT BEFORE THE MUNSIFF COURT, MUVATTUPUZHA ON 31/03/08. EXT.P.2: COPY OF THE I.A. NO. 1230/08 IN O.S. NO. 167/08 BEFORE THE MUNSIFF COURT, MUVATTUPUZHA BY THE RESPONDENT. EXT.P.3: COPY OF THE OBJECTION DTD 01/04/08 IN I.A. NO. 1230/08 IN O.S. NO. 167/08 FILED BY THE P.1 BEFORE THE MUNSIFF COURT, MUVATTUPUZHA. EXT.P.4: COPY OF THE COMMISSION REPORT ALONG WITH SKETCH SUBMITTED BY ADVOCATE COMMISSIONER IN O.S. NO. 167/08 ON 01/04/08 BEFORE THE MUNSIFF COURT, MUVATTUPUZHA. EXT.P.5: COPY OF THE ORDER DTD. 02/04/08 IN I.A. NO. 1230/08 IN O.S. NO. 167/08 OF THE MUNSIFF COURT, MUVATTUPUZHA. EXT.P.6: COPY OF THE JUDGMENT DTD. 21/07/08 IN CMA.NO.2/08 OF THE SUB JUDGE, MUVATTUPUZHA. EXT.P.7: COPY OF THE REQUEST OF V.R. NARAYANAN KARTHA TO THE MUNICIPAL OFFICE, MUVATTUPUZHA DTD. 31/07/08 WITH A REPLY DTD. 21/08/08 BY THE MUNCIPAL OFFICE, MUVATTUPUZHA. EXT.P.8: COPY OF THE REQUEST DTD. 01/09/08 BY NARAYAN KARTHA TO THE ASST. EXECUTIVE ENGINEER, KWA AND REPLY DTD. 01/09/08 BY THE ASST. EXECUTIVE ENGINEER TO NARAYANAN KARTHA. EXT.P.9: EARLIER PHOTOGRAPHS SHOWING THE CONTINUING CONSTRUCTION OF THE RETAINING WALL BY THE RESPONDENT. EXT.P.10: LATEST PHOTOGRAPHS SHOWING THE CONTINUING CONSTRUCTION OF THE RETAINING WALL BY THE RESPONDENT. RESPONDENTS' EXHIBITS: EXT.R1.A: COPY OF THE PURCHASE CERTIFICATE NO. 226/1978 ISSUED BY LAND TRIBUNAL, ERNAKULAM. EXT.R1.B: COPY OF THE DEED NO.1244/1986 DTD. 29/03/1986 OF SUB REGISTRAR OFFICE, MUVATTUPUZHA. EXT.R1.C: COPY OF THE DEED NO. 3992/1999 DTD. 28/08/1999 OF SUB REGISTRAR OFFICE, MUVATTUPUZHA. W.P.(C). NO.35000/2008-N: EXT.R1.D: COPY OF THE DEED NO. 1863/2001 DTD. 25/04/2001 OF SUB REGISTRAR OFFICE, MUVATTUPUZHA. EXT.R1.E: COPY OF THE DEED NO. 3911/2002 DTD. 26/10/2002 OF SUB REGISTRAR OFFICE, MUVATTUPUZHA. EXT.R1.F: COPY OF THE DEED NO. 3912/2002 DTD.26/10/2002 OF SUB REGISTRAR OFFICE, MUVATTUPUZHA. EXT.R1.G: COPY OF THE DEED NO. 4661/2003 DTD. 28/10/2003 OF SUB REGISTRAR OFFICE, MUVATTUPUZHA. EXT.R1.H: COPY OF THE SURVEY SKETCH PREPARED BY THE VILLAGE OFFICER, MUVATTUPUZHA. EXT.R1.I: COPY OF THE I.A. NO. 2898/2008 IN O.S. NO. 179/2008 IN THE FILE OF MUNSIFF COURT, MUVATTUPUZHA, FILED BY THE PETITIONER. EXT.R1.J: COPY OF THE COUNTER AFFIDAVIT FILED BY THE RESPONDENT IN I.A. NO. 2898/2008 IN O.S. NO. 179/2008 IN THE FILE OF MUSNIFF COURT, MUVATTUPUZHA. EXT.R1.K: COPY OF THE ORDER DTD. 18/10/2008 IN I.A. NO.2898/2008 IN O.S. NO.179/2008 PASSED BY THE MUNSIFF COURT, MUVATTUPUZHA. //TRUE COPY// P.A. TO JUDGE. Prv. S.S.SATHEESACHANDRAN, J. ----------------------------------- W.P.(C).No.35000 & 35001 of 2008 --------------------------------- Dated this the 22nd day of October, 2009 J U D G M E N T These two writ petitions are filed against the orders passed in interlocutory proceedings, confirmed by the District Court, in two suits, namely, O.S.Nos.167 of 2008 and 179 of 2008, both on the file of the Munsiff Court, Movvattupuzha. W.P.(C). No.35001 of 2008 is filed by the plaintiffs in O.S.No.179 of 2008, a suit for declaration of title, prohibitory injunction etc., against dismissal of an interlocutory application for interim injunction against the respondent/defendant. The application was dismissed by the Munsiff Court, and later, that decision was confirmed in appeal by the Sub Court, Moovattupuzha. W.P.(C). No.35000 of 2008 is filed by the defendants in O.S.No.167 of 2008, a suit for injunction filed by the respondent, against the interim injunction granted in favour of the respondent by the Munsiff Court and later, confirmed in appeal by the Sub Court, Muvattupuzha. 2. I heard the counsel on both sides. W.P.(C).Nos.35000 & 35001 of 2009 - O 2 3. Having regard to the submissions made and taking note of the facts and circumstances presented with reference to the impugned orders passed by the learned Munsiff and also the judgment rendered by the learned Sub Judge and other exhibits produced with the petition, I find a quietus to the controversy at the earliest after adjudication of the disputes, as expeditiously as possible, is the need of the hour. Needless to point out the observations or findings made in the interim orders passed by the courts in the orders/judgments in interlocutory applications shall have no bearing or influence in the disposal of the suit on merits, which has to be done after affording reasonable opportunity to both sides to lead evidence in support of their respective case. On the face of the orders/judgments I do not find any jurisdictional infirmity warranting interference in exercise of the visitorial jurisdiction vested with this Court. So much so, I direct the learned Munsiff to dispose of both the suits, O.S.Nos.167 of 2008 and 174 of 2008, as expeditiously as possible, untrammelled by any of the observations made in its order or in W.P.(C).Nos.35000 & 35001 of 2009 - O 3 the judgment rendered by the learned Sub Judge, after affording reasonable opportunity to both sides. The court may consider the feasibility of joint trial of the cases, since, it appears, common issues of facts and law arise for adjudication, whether or not the parties move for joint trial of the cases. Writ petition is disposed of as indicated above. S.S.SATHEESACHANDRAN, JUDGE. bkn/-