IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 8TH APRIL 2008 / 19TH CHAITHRA 1930 WP(C).No. 12010 of 2008(D) ------------------------------------- CMA.29/2006 OF SUB COURT, MUVATTUPUZHA ............................................... PETITIONER: ------------------ MANUEL JACOB, S/O.JACOB, PICHAPPILLIL HOUSE, THEKKEPUNNAMATTOM KARA, KADAVOOR VILLAGE, KOTHAMANGALAM TALUK. BY ADV. SRI.P.V.BABY SRI.R.KIRAN RESPONDENTS: ---------------------- 1. ANTONY, S/O.JOSEPH, VELIYATH HOUSE, THEKKEPUNNAMATTOM KARA, KADAVOOR VILLAGE, KOTHAMANGALAM TALUK. 2. PAULOSE, S/O.CHACKO, PICHAPPILLIL HOUSE, PAINGATTOOR KARA, KADAVOOR VILLAGE, KOTHAMANGALAM TALUK. 3. THRESSIAKUTTY THOMAS, W/O.THOMAS, VELIYATH HOUSE, PAINGATTOOR KARA, KADAVOOR VILLAGE, KOTHAMANGALAM TALUK. 4. TIJI THOMAS, D/O.THOMAS, VELIYATH HOUSE, PAINGOTTOOR KARA, KADAVOOR VILLAGE, KOTHAMANGALAM TALUK. 5. BOBY THOMAS, S/O.THOMAS, VELIYATH HOUSE, PAINGATTOOR KARA, KADAVOOR VILLAGE, KOTHAMANGALAM TALUK. 6. JISHA THOMAS, D/O.THOMAS, VELIYATH HOUSE, PAINGOTTOOR KARA, KADAVOOR VILLAGE, KOTHAMANGALAM TALUK. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 12010 OF 2008 = = = = = = = = = = = = = = = Dated this the 8th day of April, 2008. J U D G M E N T This writ petition is preferred against the order of the Subordinate Judge, Muvattupuzha in CMA 29/06. It is an appeal preferred against the order in I.A.986/96. It was an application for punishing the respondents in the I.A. for committing violation of injunction under Order 39 Rule 2A CPC. The appellate court found that an opportunity has to be given to contest the application for violation of injunction and allowed it on a payment of Rs.2,500/-. An enquiry under Order 39 Rule 2A is almost of a criminal nature for the reason the party has to be sent to jail besides attaching his property if it is found that he has committed violation of the order of the Court. I am equally conscious that it is a matter that has to be looked into seriously. It is always desirable that the cases are disposed of on merits after hearing all parties concerned and after permitting both parties to adduce W.P.C 12010 OF 2008 -:2:- evidence in support of their respective contentions. The appellate court has exercised its discretion bearing in mind the broad principles of natural justice that no man can be condemned without hearing. Therefore I do not want to interfere with the discretionary jurisdiction which is judicially exercised by the Court below and therefore the writ petition is dismissed. But I make it clear that the matter is an old one and the Court on restoration shall try to dispose of the matter as expeditiously as possible at any rate within three months from the date of reopening of the Court after summer holidays. Sd/- M.N. KRISHNAN, JUDGE. ul/- [True copy] P.A. to Judge.