IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 6TH DECEMBER 2007 / 15TH AGRAHAYANA 1929 WP(C).No. 36119 of 2007(Y) -------------------------- OS.376/2005 of II ADDL.M.C., ERNAKULAM .................... PETITIONER: --------------- SUNIL @ KUTTAN, AGED 32 YEARS, S/O.RAJAN ,PAZHAYA KOVIL CHIRA, YOUNG SPOTTERS ROAD, PANANGAD 682 506, ERNAKULAM DIST. BY ADV. SRI.P.JACOB VARGHESE SRI.VARUGHESE M EASO SRI.VIVEK VARGHESE P.J. SMT.NISHA JOHN SRI.K.B.ARUN SMT.ELIZEBETH MEERA SRI.P.J.VINOD JOSEPH SMT.NITHARA GAYATRI RESPONDENTS: ----------------- 1. SURESH I.R.,S/O. ILLATHU RAGHAVAN KURAPPILLIL HOUSE, NETTOOR P.O., 682 304 ERNAKULAM DISTRICT. 2. SATHY,W/O.L RAJAN,PAZHAYAKOVIL CHIRA YOUNG SPOTTERS ROAD, PANANGAD 682 506 ERNAKULAM DISTRICT. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/12/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 36119 OF 2007 = = = = = = = = = = = = = = = Dated this the 6th day of December, 2007. J U D G M E N T This writ petition is preferred to issue an order of status quo restraining the respondents, their men or agents from interfering with the peaceful enjoyment of plaint D schedule property by the petitioner and his family as a pathway including vehicular traffic till the certified copy of the judgment is received by the petitioner as per Ext.P2. The petitioner has also moved one application Ext.P5 with a prayer to the Court below for such an order. This Court is not inclined to pass any order to direct the parties to maintain status quo for the reason that when one Court has find that petitioner is not entitled to recovery this Court without application of mind cannot pass interim orders which will go against the judgment of a Court competent to pass the same. Therefore the remedy for the petitioner, as rightly done by the petitioner, to move the same Court for some arrangement till the copies of the judgment are made W.P.C 36119 OF 2007 -:2:- available. Since, Ext.P5 application is filed and I am told that it is being adjourned without passing any orders I direct the Addl.Munsiff-II, Ernakulam to consider that application and pass orders at the latest by 10.12.2007. The writ petition is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-