High Court Kerala High Court

Chandrasekharan Nair vs Indulekha on 19 November, 2010

Kerala High Court
Chandrasekharan Nair vs Indulekha on 19 November, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 37239 of 2008(G)


1. CHANDRASEKHARAN NAIR,
                      ...  Petitioner

                        Vs



1. INDULEKHA, D/O. SANTHA NAIR,
                       ...       Respondent

                For Petitioner  :SRI.RAM MOHAN.G.

                For Respondent  :SRI.V.SURESH

The Hon'ble MR. Justice HARUN-UL-RASHID

 Dated :19/11/2010

 O R D E R
                      HARUN-UL-RASHID,J.
              -------------------------------
                     W.P.(C).NO. 37239 OF 2008
              -------------------------------
             DATED THIS THE 19TH DAY OF NOVEMBER, 2010

                             JUDGMENT

Plaintiff in O.S.No.2/08 on the file of the II Additional

Sub Court, Thiruvananthapuram is the petitioner herein.

Respondent is the defendant in the suit. This writ petition is filed

seeking to set aside Ext.P8 interim order of the trial court and

Ext.P9 judgment of the Appellate Court in the appeal filed

challenging Ext.P8 order.

2. The plaintiff filed I.A.No.19/2008 praying for

temporary prohibitory injunction to restrain the defendant from

demolishing the compound wall and making any construction and

from installing any gate. I.A.Nos.294/2008 and 295/2008 were

filed by the defendant in the suit. I.A.No.294/08 was filed praying

to vacate the order of interim injunction passed in I.A.No.19/08.

I.A.No.295/2008 was filed by the defendant for prohibitory

injunction to restrain the plaintiff in the suit from trespassing into

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the property of the defendant and from causing any disturbance or

interference to her peaceful possession and enjoyment of the

property. In the said application the defendants also prayed for

mandatory injunction to restore the status quo ante by dismantling

or removing the newly constructed wall and to close down the new

opening made in the northern boundary of the property of the

defendants. The trial court passed a common order in the above

I.As., which is produced as Ext.P8. By Ext.P8 order the trial court

restrained the plaintiff from trespassing into the property of the

defendant and from interfering with her peaceful possession and

enjoyment and also passed an interim mandatory injunction to

restore the status quo ante by dismantling and removing the newly

constructed wall and to close down the new opening.

3. Aggrieved by Ext.P8 order the plaintiff preferred

three appeals. Ext.P9 is the common judgment passed by the

Appellate Court, by which the Appellate Court confirmed the order

passed by the trial court.

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4. In the writ petition the plaintiff challenged Ext.P8

order and Ext.P9 judgment. This Court stayed the operation of

Ext.P8 and Ext.P9. This Court also passed an interim injunction

restraining the respondent from demolishing the western wall of

plaint B schedule property and form installing any gate therein.

This order was passed on 17/12/2008 and the said order is

continuing till date.

5. When the matter was taken up for consideration, after

hearing the parties, this Court is of the view that the writ petition

can be disposed of without going into the merits of the contentions

of the parties, in the light of the interim order passed by this Court,

which continues to operation from 17/12/2008 till date. In the

interest of justice, this Court is of the view that the suit itself can be

directed to be disposed of within a time limit. Accordingly, there

will be a direction to the II Additional Sub Court,

Thiruvananthapuram to dispose of the suit within a period of six

months from the date of receipt of a copy of this judgment. As an

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WP(C).No.37239/2008

interim measure, the temporary injunction granted by the trial court

restraining the plaintiff from trespassing into the property of the

defendants and from causing any disturbance or interference of her

peaceful possession and enjoyment of the property, shall continue

till the disposal of the suit. The interim order passed by this Court

staying the operation of Exts.P8 order and Ext.P9 judgment, also

shall continue till the disposal of the suit, subject to the injunction

order referred above.

Writ petition is disposed of with the above direction.

HARUN-UL-RASHID,
Judge.

kcv.

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