IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 19776 of 2010(O)
1. MOHAN KAMATH, AGED 59 YEARS,
... Petitioner
Vs
1. H.KESHAVA, AGED 63 YEARS,
... Respondent
2. VASANTHAN, AGED 45 YEARS,
3. VASAU, S/O.THARA,
4. NALINI, AGED 50 YEARS,
For Petitioner :SRI.SURESH KUMAR KODOTH
For Respondent : No Appearance
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :24/06/2010
O R D E R
THOMAS P JOSEPH, J.
----------------------------------------
W.P.C.No. 19776 of 2010
---------------------------------------
Dated this 24th day of June, 2010
JUDGMENT
Plaintiff in O.S.No.70 of 2010 of the court of learned
Munsiff, Hosdurg is the petitioner. He sued respondents for a
decree for prohibitory injunction against the latter trespassing
into plaint A schedule or widening passage on the northern side of
suit property or obstructing petitioner from renovating the
compound wall on its north and west. On I.A.No.475 of 2010
learned Munsiff passed an ex parte ad interim order of injunction.
Respondents entered appearance and the application was heard
on 06-04-2010 and order was reserved. In the meantime
respondents filed I.A.No.832 of 2010 for an order of injunction to
restrain petitioner from reducing width of the road on the north of
suit property. Learned Munsiff passed an interim order on
I.A.No.832 of 2010 on 09-06-2010 directing parties to maintain
status quo until further orders. Grievance of petitioner is that
learned Munsiff passed the said order without disposing of
I.A.No.475 of 2010 and which in effect amounted to a modification
of the order passed on that application. It is therefore requested
that learned Munsiff may be directed to dispose of I.A.Nos.475 of
W.P.C.No.19776 of 2010
: 2 :
2010 and 832 of 2010. In the facts and circumstances stated I
direct learned Munsiff to dispose of the application, if not already
disposed of as early as possible.
The writ petition is disposed of accordingly.
(THOMAS P JOSEPH, JUDGE)
Sbna/-