T.Anitha Menon vs Indira Devi on 28 May, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRP No. 7 of 2005()


1. T.ANITHA MENON, D/O.LATE PARUVAKKAT
                      ...  Petitioner

                        Vs



1. INDIRA DEVI, D/O.PARUVAKKAT
                       ...       Respondent

2. AJITH MENON, S/O.PARUVAKKAT

                For Petitioner  :SRI.VAKKOM N.VIJAYAN

                For Respondent  :SRI.G.SREEKUMAR (CHELUR)

The Hon'ble MR. Justice PIUS C.KURIAKOSE

 Dated :28/05/2007

 O R D E R
                              PIUS C. KURIAKOSE, J.

                   ..........................................................

                                 C.R.P.No.7  OF 2005

                  ...........................................................

                       DATED THIS THE 28TH MAY, 2007


                                        O R D E R

I have heard Sri.Vakkom N.Vijayan, counsel for the petitioner

and Sri.G.Sreekumar, counsel for the respondents at length.

2. I have gone through the orders passed by the learned Munsiff

and also by the learned Additional District Judge. I am not persuaded

to hold that the orders of the courts below granting mandatory

injunction pending suit are vitiated by any jurisdictional error. The

impugned orders are not liable to be interfered with in revisional

jurisdiction under Section 115 of the Code of Civil Procedure.

3. There is dispute between the parties as to what is the status

quo presently obtaining regarding the pathway. While the counsel for

the respondents asserts that even now the respondents are able to

make use of the pathway for their access, the counsel for the

petitioner submits that the very averment in the affidavit in support of

the application for mandatory injunction was that the pathway has

been rendered unusable. Whatever that be, there will be a direction

that as regards the user of the pathway by the plaintiffs, the status

quo obtaining as on today will be maintained.

4. I dismiss the C.R.P. However, the learned Munsiff is directed

C.R.P.N0.7 OF 2005

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to expedite the trial of the suit by special listing the suit in the earliest

possible special list, and there will be an observation that the Munsiff

will not be unduly influenced by the findings in his own order and also

by the judgment of the learned District Judge in the C.M.A. while

deciding the suit. No costs.

(PIUS C. KURIAKOSE, JUDGE)

tgl

C.R.P.N0.7 OF 2005

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