IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 21512 of 2010(O)
1. T.G.MATHEW
... Petitioner
Vs
1. CHERIYANADU PANCHAYATH
... Respondent
For Petitioner :SRI.R.KRISHNA RAJ
For Respondent : No Appearance
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :09/07/2010
O R D E R
THOMAS P. JOSEPH, J.
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W.P.(C) No.21512 of 2010
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Dated this the 9th day of July, 2010.
JUDGMENT
Writ Petitioner is the plaintiff in O.S.No.328 of 2002 of the court of learned
Munsiff, Chengannur, sued the respondents for a declaration that the pathway
passing through his property is his private road and for injunction against
respondents converting it into a public road. Petitioner was enjoying the benefit
of an order of temporary injunction as per Ext.P1 which was in force until the suit
was dismissed on 30.06.2010. Immediately thereon, petitioner applied for
carbon copy of judgment as per C.A.No.947 of 2010 but, that carbon copy has
not so far been issued to him. Apprehension of the petitioner is that in the
meantime, respondent No.1 is taking hasty steps to convert the disputed road
into a Panchayat road. Petitioner therefore seeks a direction to the learned
Munsiff to issue carbon copy of the judgment and in the meantime, to direct
respondent No.1 to maintain status quo. Learned counsel states that information
received is that respondent No.1 is making attempts to convert the disputed road
into a Panchayat road on 10.07.2010.
2. It is seen from Ext.P1 that petitioner was enjoying the advantage of
an order of temporary injunction until disposal of the suit. In the circumstances I
am inclined to grant relief to the petitioner.
WP(C) No.21512/2010
2
Resultantly this Writ Petition is allowed in the following lines:
i. Learned Munsiff is directed to issue carbon copy of
judgment dated 30.06.2010 in O.S.No.328 of 2002 if it has been applied for, as
per rules as early as possible, at any rate within ten days from this day.
ii. In the meantime parties are directed to maintain the present
condition of the disputed way till the expiry of seven (7) days from the date
notified to receive carbon copy of judgment as aforesaid.
THOMAS P.JOSEPH,
Judge.
cks