IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 15TH JANUARY 2008 / 25TH POUSHA 1929 CRP.No. 44 of 2008 -------------------- AGAINST THE ORDER DATED 01/01/2008 IN EP 77/2007 IN OS.303/2005 of PRL.M.C., KOCHI .................... REVN. PETITIONER/2ND JUDGMENT DEBTOR: ------------------------------------------------- NARESH H. SHAH, C.C. VIII/2148C, PARVANA JUNCTION, JAWAHAR ROAD, COCHIN - 682 002. BY ADV. SRI.S.B.PREMACHANDRA PRABHU RESPONDENTS/DECREE HOLDERS AND 1ST JUDGMENT DEBTOR: ----------------------------------------------------------------------- 1. RAJESH D. ASHER, S/O. DHARMASHI KANJI ASHAR, CC-VIII/2148(E), PARAVANA JUNCTION, JAWAHAR ROAD, COCHIN - 2. 2. INA RAJESH ASHAR, W/O. RAJESH D.ASHAR OF -DO- -DO- 3. MAHAVIR TRADING COMPANY, REPRESENTING BY ITS MANAGING PARTNER, BHAVANA LALIT SHAH, VIII/2148A, PRAVANA JUNCTION, COCHIN - 682 002. THIS CIVIL REVISION PETITION HAVING COME UP FOR ADMISSION ON 15/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRP No. 44 OF 2008 ORDER ON IA NO.126 OF 2008 IN CRP NO.44 OF 2008 DISMISSED. 15.01.2008 SD/- M.N.KRISHNAN, JUDGE M.N.KRISHNAN, J. -------------------------- C.R.P. NO. 44 OF 2008 --------------------- Dated this the 15th day of January, 2008 ORDER This revision petition is preferred against the order of the Munsiff, Kochi, in E.P. 77/07 in O.S. 303/05. The learned Munsiff dismissed the case against the 1st judgment debtor. So far it is concerned against the 2nd judgment debtor, in order to enforce the judgment and decree of the court, the car belonging to the 2nd judgment debtor bearing Reg. No. KL-7-R/8683 is ordered to be attached. 2. The whole dispute arises on the question of washing of the car, which is ordinarily kept in the premises of the flat. The apprehension of the plaintiff in the suit was that on account of washing of the car, the dirty water enters into the water tank and spoils the good water, which may result in health hazards. So there was a direction not to do it. Now, in this petition the court has relied upon some photographs taken through mobile phone and found that the present revision petitioner has washed the car near the premises of the water tank, which is against the judgment of the court and .C.R.P. NO.44/08 2 therefore the court had ordered attachment of the car with a further direction to the petitioner to obey the orders of the court. 3. Learned counsel appearing for the revision petitioner has reiterated before me that his client will never violate the orders of the court and the order of attachment if implemented will cause him irreparable hardship. When persons are living in the Flat systems what is necessary is tolerance, mutual respect and mutual adjustment. It is the mind that matters rather than the right which is to be enforced by law. So, I wish and hope that the mind of both parties will not lead into a situation hereafter which will result in unpleasantness. It is true that if cars are washed using chemicals or even with water, dirty water may enters into the water tank which may cause problem to all the inhabitants and therefore it is a matter that has to be taken seriously note of and prevented. Learned counsel submits before me that such an action will not be done by his client. I am inclined to accept it. 4. Therefore, I direct the present revision petitioner not to wash the car using liquid or otherwise anywhere near the premises of the water tank that is in the car shed and special care must be taken to see that no complaint hereafter arises on that account. The .C.R.P. NO.44/08 3 attachment of the car appears to be very harsh punishment, which requires to be interfered with. Therefore, I dispose of the civil revision petition with a direction to the present revision petitioner not to commit any act which is in violation of the decree of the court. The court below is directed not to implement the order of attachment, if it is not effected and if effected, to raise it. The court may also direct both parties to keep peace and tranquility in the area. The civil revision petition is disposed of accordingly. M.N.KRISHNAN, JUDGE vps .C.R.P. NO.44/08 4