IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 38141 of 2007(N)
1. ROSSY, AGED 61,
... Petitioner
Vs
1. JOSEPH, S/O.JOSE,
... Respondent
2. SAJU, S/O.ANTU,
3. STANLEY, S/O.SUNNY,
For Petitioner :SRI.G.SREEKUMAR (CHELUR)
For Respondent : No Appearance
The Hon'ble MR. Justice HARUN-UL-RASHID
Dated :24/12/2007
O R D E R
HARUN-UL-RASHID, J.
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W.P.(C) NO. 38141 OF 2007
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Dated this the 24th day of December, 2007
JUDGMENT
This Writ Petition is filed by the second defendant in O.S. No.1293
of 2007 on the file of the Principal Munsiff’s Court, Irinjalakuda. The suit
was for injunction. The petitioner is aggrieved by Ext.P2 common order
dated 28.11.2007 passed by the trial court in I.A. Nos.2487 of 2007 and
3502 of 2007 in the above suit.
2. By the order in I.A. No.2487 of 2007, the defendants in the suit
were restrained by an order of temporary injunction from alienating or
encumbering the petition schedule property and from causing any
hindrance or obstruction to the construction of the southern boundary wall
of the petition schedule property. Aggrieved by Ext.P2 order, the
petitioner filed C.M.A. No.42 of 2007 before the Sub Court, Irinjalakuda.
She also moved Ext.P4 application for stay, I.A. No.4053 of 2007. The
petitioner submits that the application for stay was dismissed by the court
below as per order dated 19.12.2007. In view of the urgency of the suit,
the petitioner wants to move the appellate or the revisional forum, as the
W.P.(C)NO.38141/2007 2
case may be , against the order dated 19.12.2007. Since carbon copy of the
order was not issued to the petitioner, she prays for a direction to stay the
operation of Ext.P2 order. The petitioner submits that the order under
challenge was passed without appreciating the legal and factual
contentions and therefore, there is every likelihood of the impugned order
being set aside by the appellate or revisional forum, as the case may be.
The petitioner also submits that as the court closed on 19.12.2007, she was
not in a position to obtain the carbon copy of the order.
3. In the above circumstances, I direct the Sub Court, Irinjalakuda to
issue carbon copy of the order dated 19.12.2007 passed in Ext.P4
application to the petitioner as expeditiously as possible. In the
meanwhile, parties are directed to maintain status quo as on today.
The Writ Petition is disposed of as above.
(HARUN-UL-RASHID, JUDGE)
sp/
W.P.(C)NO.38141/2007 3
KURIAN JOSEPH &
HAURN-UL-RASHID, JJ.
L.A.A.NO
JUDGMENT
4TH DECEMBER, 2007