IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 3RD SEPTEMBER 2010 / 12TH BHADRA 1932 WP(C).No. 35686 of 2009(O) -------------------------- CMA.167/2008 of ADDL.DISTRICT COURT, THRISSUR O.S.NO.375/08 of MUNSIFF COURT,CHAVAKKAD .................... PETITIONERS: ------------------- 1. VINCENT S/O.LONAPPAN, CHAKKARAMAKKAL HOUSE, PALUVAI CHAVAKKAD TALUK, THRISSUR DISTRICT. 2. CHINNAMMA, W/O. VINCENT CHAKKARAMAKKAL HOUSE, PALUVAI CHAVAKKAD TALUK, THRISSUR DISTRICT. BY ADV. SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA RESPONDENT(S): --------------- DAISY, W/O. LAZAR, VALLACHIRAKKARAN HOUSE, ANCHERY, OLLUR VILLAGE, THRISSUR DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: HARUN-UL-RASHID,J. ------------------------------ W.P.(C).NO.35686 OF 2009 ------------------------------- DATED THIS THE 3RD DAY OF SEPTEMBER, 2010 JUDGMENT This writ petition is filed under Article 227 of the Constitution of India. The main relief sought for in the writ petition is for issuance of a writ of certiorari or other appropriate writ, order or direction calling for the records leading to Ext.P12 and to quash the same. 2. Petitioners are the defendants in O.S.No.375/2008 on the file of the Munsiff's Court, Chavakkad. Respondent is the plaintiff in the suit. The suit was filed for permanent prohibitory and mandatory injunctions. The dispute between the parties is regarding the user of a pathway. The parties are close relatives. The trial court dismissed the applications for prohibitory and mandatory injunction filed by the plaintiff. The plaintiff has preferred C.M.A.Nos.166/08 and 167/08 before the I additional District Court, Thrissur. Ext.P12 -2- W.P.(C).No.35686/2009 is the judgment passed by the Appellate Court in the CMAs. The Appellate Court reversed the order passed by the trial court and granted interim reliefs to the plaintiff. The Appellate Court also directed the trial court to dispose of the suit within two months from the receipt of the judgment in C.M.A.Nos.166/08 & 167/08. The judgment in the said appeals is dated 23rd November, 2009. In the light of the direction to dispose of the suit within two months from the date of receipt of Ext.P12 judgment, I find that the matter does not require consideration on merits. The trial court shall dispose of the suit on merits within a period of three months from the date of receipt of a copy of this judgment. The parties shall maintain status quo as on today till the disposal of the suit. Writ petition is disposed of as above. Sd/- HARUN-UL-RASHID, JUDGE. kcv. -3- W.P.(C).No.35686/2009