IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN TUESDAY, THE 6TH OCTOBER 2009 / 14TH ASWINA 1931 WP(C).No. 27949 of 2009(O) -------------------------- OS.133/2008 of ADDL.M.C.,KOZHIKODE-I .................... PETITIONER: --------------- RATHNAKARAN, AGED 39, S/O.LATE UNNI ADIYODI, PUNAPUNATHIL HOUSE, MALAPARAMBA, CHEVAYUR AMSOM, DESOM, KOZHIKODE TALUK. BY ADV. MR.SRINATH GIRISH MS.M.LISHA RESPONDENTS: --------------- 1. THE PRESIDENT, BHARATIYA VIDYA NIKETHAN, A SOCIETY REGD. UNDER THE T.C. ACT 12/1955, KESAVAMANDIRAM, KALLEKAD P.O., PALAKKAD-678 015. 2. THE PRINCIPAL, VEDA VYASA VIDYALAYAM, MALAPARAMBA, NEDUNGOTTUR AMSOM DESOM, KOZHIKODE TALUK. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ----------------------------------- W.P.(C).No.27949 of 2009 - O --------------------------------- Dated this the 6th day of October, 2009 J U D G M E N T Writ petition is filed seeking the following relief: “To set aside Exhibit P8 order and direct the respondents to answer on oath the interrogatories contained in Ext.P6.” 2. Petitioner is the plaintiff in O.S.No.133 of 2008 on the file of the Munsiff Court, Kozhikode. Suit is one for injunction to restrain the defendants from obstructing or preventing the use of B schedule way as ingress and egress to plaint A schedule property. Ext.P1 is the copy of the plaint. Plaintiff claimed the decree sought for alleging that he has got a right of prescriptive easement and also right of easement by necessity over B schedule way. Defendants resisted the suit claim by filing a written statement refuting the claims of easement raised by the plaintiff. Plaintiff moved an application for serving interrogatories on the defendant to answer certain questions raised in the application. Ext.P6 is the copy of that application. Defendants filed objections to that petition. Ext.P7 is the copy of the W.P.(C).No.27949 of 2009 - O 2 petition. Learned Munsiff after hearing both sides dismissed Ext.P7 application vide Ext.P8 order. Propriety and correctness of Ext.P8 order is challenged in the writ petition invoking the supervisory jurisdiction vested with this Court under Article 227 of the Constitution of India. 3. I heard the learned counsel for the petitioner/plaintiff. Having regard to the submissions made and taking note of the facts and circumstances presented, I find no notice to the respondents is necessary and it is dispensed with. 4. The interrogatories raised in Ext.P6 application, according to the counsel for the petitioner, are relevant and necessary for proper adjudication of the suit on its merits. Ext.P8 order passed by the court below dismissing Ext.P6 application is improper and incorrect, submits the counsel. Perusing Ext.P8 order passed by the learned Munsiff, I find no impropriety or illegality. Admitting the title of the defendants over the suit property, plaintiff sought for a decree of injunction setting forth the claim of prescriptive easement over B schedule way. Then filing interrogatories to get particulars of the title deeds, survey W.P.(C).No.27949 of 2009 - O 3 numbers etc., of the plaintiff over the property is quite unnecessary and further irrelevant in the adjudication of the suit. Defendants during the pendency of the suit has blocked the pathway by putting up construction is canvassed for raising a question by way of interrogatory whether they have obtained permission from the local authority for putting up such construction. Irrespective of the question whether permission was obtained or not by the plaintiff can sustain his right of easement and the construction had been made during the pendency of the suit, needless to point out, it will not in any way affect the right of the plaintiff to get a decree sought for in the suit. On that count also, I find that the interrogatory filed by the plaintiff was not relevant as held by the learned Munsiff. Writ petition lacks merit, and it is closed. S.S.SATHEESACHANDRAN, JUDGE. bkn/-