IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 13975 of 2007(L)
1. T.B.UNNIKRISHNAN,
... Petitioner
Vs
1. RAHITHA R.@ RAJITHAMMA,
... Respondent
2. DON BOSCO WELFARE CENTRE SOCIETY,
For Petitioner :DR.V.N.SANKARJEE
For Respondent :SRI.JOSE TOM C. KANDATHIL
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :20/06/2007
O R D E R
M.N.KRISHNAN, J.
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WP(C)No. 13975 OF 2007 L
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Dated this the 20th June, 2007.
JUDGMENT
This writ petition is filed seeking to quash Ext.P8.
Ext.P8 is a plaint filed as O.S.304/07 before the Munsiff
Court, Cherthala to pass a decree for permanent prohibitory
injunction against the second defendant from interfering
with the peaceful enjoyment of the plaint schedule
property. The present writ petitioner is the second
defendant in the suit. The writ petition itself is not
maintainable to quash a plaint. If the suit is not
maintainable it is for the party to appear before the court
and raise the point and request the court to consider it as
a preliminary issue. There is no question of quashing a
plaint exercising the jurisdiction under Articles 226 and
227 of the Constitution of India. Therefore writ petition
is dismissed.
M.N.KRISHNAN
Judge
jj