IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 36615 of 2007(H)
1. MUHAMMED @ KUTTIPPA, S/O.KOONAM PARAMBIL
... Petitioner
Vs
1. ABDULLA HAJI, S/O.MUNDAROTTU
... Respondent
2. HASSAN, S/O.KOONAM PARAMBIL HYDRU HAJI,
3. IBRAHIM, S/O.KOONAMPARAMBIL MUHAMMED,
For Petitioner :SRI.SANTHEEP ANKARATH
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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WP(C).No. 36615 OF 2007
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DATED THIS THE 9th DAY OF JULY, 2008
JUDGMENT
Plaintiff in O.S.33 of 2005 on the file of Munsiff Court,
Pattambi is the petitioner. Defendants are respondents. Suit was
filed for permanent prohibitory injunction, restraining
defendants from trespassing into the plaint schedule property or
reducing any portion of the property by widening the width of
the way. In the suit, respondents/defendants filed I.A.500 of
2005, an application for appointment of Commission to construct
a laterite padavu to demarcate the southern boundary varambu
of plaint schedule item No.2. Under Ext.P6 order, learned
Munsiff allowed the application. It is challenged in this petition
filed under Article 227 of Constitution of India.
2. Though notice was served on respondents 1 and 2
personally, they did not appear. Notice on 3rd respondent was
effected by publication. None of the respondents appeared.
3. Learned counsel appearing for petitioner was heard.
When the question to be decided in the suit include the claim
raised by defendants with regard to the width of the way, which
lies to the south of the plaint schedule property, learned Munsiff
WP(C) 36615/2007 2
was not justified in appointing a Commission and thereby
allowing defendants to construct a boundary wall to the way,
which is a matter to be decided in the suit. In such
circumstances, Ext.P6 order is quashed. Learned Munsiff is
directed to dispose the suit as expeditiously as possible.
M.SASIDHARAN NAMBIAR, JUDGE
lgk/-