High Court Kerala High Court

Mahilamani vs Jayasree on 2 May, 2008

Kerala High Court
Mahilamani vs Jayasree on 2 May, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 13866 of 2008(A)


1. MAHILAMANI, KAVALLOTHIL, KIZHAKKE
                      ...  Petitioner

                        Vs



1. JAYASREE, KAVALLOTHIL, KIZHAKKEVAZHI
                       ...       Respondent

2. PANKAJAKSHI, KAVALLOTHIL,

                For Petitioner  :SRI.R.KRISHNA RAJ

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.GIRI

 Dated :02/05/2008

 O R D E R
                                   V.GIRI,J.
                             -------------------------
                         W.P ( C) No.13866 of 2008
                             --------------------------
                        Dated this the 2nd May, 2008

                               J U D G M E N T

The petitioner who is one of the plaintiffs in O.S. 112 of 2008 of the

Munsiff’s Court, Mavelikara filed an application for an injunction restraining

the defendants from making any construction in the disputed property. He

also moved an application for temporary injunction as I.A. 773 of 2008.

Petitioner submits that in spite of an emergent motion made and in spite of

the fact that the Commissioner has filed a report, the court below had

adjourned the case to 28.5.2008. Hence the writ petition.

In my view, it is open to the petitioner to move the vacation court.

namely, the District Court, Alappuzha for appropriate orders in I.A. 773 of

2008 If motion is made in that behalf by the petitioner, after due notice to

the defendants, the Vacation Judge, Alappuzha shall pass an ad interim

order on the application for injunction within 10 days from the date of

moving such application before the Vacation Judge.

Subject to this, the writ petition is disposed of.

(V.GIRI, JUDGE)
ma

K.THANKAPPAN,J

CRL.A. NO.92 OF 1999

ORDER

25th May, 2007

Common issues are raised for

consideration in all these writ

petitions. Reference is made to

the facts in Writ Petition

No.4562/2008 for the sake of

convenience.