IN THE HIGH COURT OF KERALA AT ERNAKULAM
CMCP No. 55 of 2007()
1. ANNA,W/O. LATE MATHAI, RESIDING AT
... Petitioner
Vs
1. ELI & ALIAMMA,W/O. MATHEW.
... Respondent
2. SURESH MATHEW,S/O. MATHEW
3. SELVIN MATHEW, S/O. MATHEW
4. PAILY,S/O.MATHAI, RESIDING AT
5. JIJI MATHEW,D/O. THAYYIL T.J.MATHEW.
6. JIJO MATHEW, S/O.THAYYIL T.J.MATHEW.
7. THRESSIAMMA,W/O.THAYYIL T.J.MATHEW.
8. T.J.MATHEW,S/O.THAYYIL T.M.JACOB.
9. MATHEW,S/O. VALUMMEL DEVASSIS,
For Petitioner :SRI.V.CHITAMBARESH
For Respondent :SRI.MATHEW JOHN (K)
The Hon'ble MR. Justice P.R.RAMAN
The Hon'ble MR. Justice V.K.MOHANAN
Dated :31/03/2008
O R D E R
P.R.RAMAN & V.K.MOHANAN, JJ.
-------------------------------
C.M.C.(P)NO.55 OF 2007 &
I.A.NO.3732 OF 2007 IN
R.F.A.(INDIGENT)NO. 2007
--------------------------------
Dated this the 9th day of October, 2007
O R D E R
Raman, J.
Respondents 6 and 8 have filed a Caveat. Hence fresh notice is
dispensed with and Sri Mathew John, learned counsel takes notice on
behalf of them. He also submits that he can take notice on behalf of
respondents 5 and 7. Issue notice to other respondents.
2. I.A.No.3732/2007 is an application for ad-interim injunction
restraining the respondents from cutting down the valuable trees or
otherwise commit acts of waste in plaint schedule property. The suit is
one for partition, declaration and injunction. The suit was dismissed,
against which the appeal is filed. The C.M.C. is filed seeking
permission to file the appeal as an indigent person.
3. Heard the learned Counsel Sri Mathew John. According to
them, certain rubber trees are ready for slaughter tapping and thereafter
it will have to be cut and removed for replantation. As the matter
stands, the slaughter tapping is not over. Hence there will be an
-2-
C.M.C.(P) No.55/07 &
I.A.No.3732/2007
interim direction that the trees in the property shall not be cut and
removed without permission from this Court. It is open to the respondents
to move for appropriate orders as and when slaughter tapping is over.
P.R.RAMAN,
Judge.
V.K.MOHANAN,
Judge.
kcv.
