IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 20673 of 2008(J)
1. GEORGE LALU, AGED 48 YEARS,
... Petitioner
2. ANNAMMA GEORGE, W/O.GEORGE,
3. ANNAMMA GEORGE, CHIRACKAL HOUSE,
Vs
1. S.N.D.P.SAKHAYOGAM-NO.760,
... Respondent
2. S.N.D.P.SAKHAYOGAM-NO.760,
For Petitioner :SRI.K.S.HARIHARAPUTHRAN
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :09/07/2008
O R D E R
M.SASIDHARAN NAMBIAR, J.
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W.P.(C) No.20673 of 2008
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Dated this the 9th July, 2008.
J U D G M E N T
Petitioners are the plaintiffs in O.S.No.803 of 2006, on
the file of Munsiff Court, Alappuzha. The suit is for permanent
prohibitory injunction restraining respondents from encroaching into
plaint schedule Item No.3 pathway or putting up any structure
reducing the pathway. Petitioners filed I.A.No.197/2007, an
application for a mandatory direction to the respondent to remove the
constructions protruding into plaint schedule Item No.3 pathway.
Under Ext.P3 order, learned Munsiff dismissed the application. It is
challenged in this petition filed under Article 227 of the Constitution of
India.
2. The learned counsel appearing for the petitioner was
heard.
On hearing the learned counsel, I do not find any
illegality or irregularity in the impugned order warranting interference
in exercise of the powers of this Court under Article 227 of the
W.P.(C) No.20673 of 2008
2
Constitution of India. Whether petitioners are entitled to a right of
way over plaint schedule Item NO.3 and whether they are entitled to
the mandatory injunction sought for are to be decided in the suit, on
the evidence to be recorded. In such circumstances, petition is
dismissed. Learned Munsiff is directed to dispose the suit
expeditiously untrammelled by the observations in Ext.P3 order.
M.SASIDHARAN NAMBIAR,
JUDGE
nj.