IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 26000 of 2008(T)
1. THANKAYYAN NADAR VARGHESE, MELEKKONAM
... Petitioner
2. THANKAYYAN NADAR RAJAYYAN,
3. PETER SON OF B.T. FERNANDEZ,
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. DEPARTMENT OF ARCHAEOLOGY,
3. DISTRICT COLLECTOR,
For Petitioner :SRI.V.SURESH
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :24/10/2008
O R D E R
V. RAMKUMAR , J.
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W.P.(C) No. 26000 of 2008
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Dated this the 24th day of October, 2008.
ORDER
Heard both sides.
2. The petitioners are the plaintiffs in O.S. No. 209 of 1997 on
the file of the Munsiff’s Court, Neyyattinkara. The said suit was one
for declaration of title and possession of the plaintiffs over the plaint
schedule property. Even though the trial court dismissed the suit, the
lower appellate court namely the Sub Court, Neyyattinkara in A.S. No.
11 of 2002 decreed the suit granting the reliefs prayed for. However,
the respondents filed Ext.P3 petition seeking a temporary injunction
restraining the plaintiffs from entering the property and from blasting
rocks or committing other acts of waste in the property. Since this
Court has admitted the Second Appeals arising from the appellate
judgment filed as R.S.A Nos. 836 and 869 of 2008 and has passed an
interim order for maintaining status quo in R.S.A. No. 836 of 2008,
Ext.P5 order cannot survive any more and is accordingly set aside.
The property shall be dealt with in accordance with the final decision in
the above Second Appeals.
This writ petition is disposed of as above.
Dated this the 24th day of October, 2008.
V. RAMKUMAR, JUDGE.
rv