High Court Kerala High Court

Thankayyan Nadar Varghese vs State Of Kerala on 24 October, 2008

Kerala High Court
Thankayyan Nadar Varghese vs State Of Kerala on 24 October, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 26000 of 2008(T)


1. THANKAYYAN NADAR VARGHESE, MELEKKONAM
                      ...  Petitioner
2. THANKAYYAN NADAR RAJAYYAN,
3. PETER SON OF B.T. FERNANDEZ,

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

2. DEPARTMENT OF ARCHAEOLOGY,

3. DISTRICT COLLECTOR,

                For Petitioner  :SRI.V.SURESH

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :24/10/2008

 O R D E R
                            V. RAMKUMAR , J.
               ==========================
                         W.P.(C) No. 26000 of 2008
               ==========================
                Dated this the 24th day of October, 2008.

                                 ORDER

Heard both sides.

2. The petitioners are the plaintiffs in O.S. No. 209 of 1997 on

the file of the Munsiff’s Court, Neyyattinkara. The said suit was one

for declaration of title and possession of the plaintiffs over the plaint

schedule property. Even though the trial court dismissed the suit, the

lower appellate court namely the Sub Court, Neyyattinkara in A.S. No.

11 of 2002 decreed the suit granting the reliefs prayed for. However,

the respondents filed Ext.P3 petition seeking a temporary injunction

restraining the plaintiffs from entering the property and from blasting

rocks or committing other acts of waste in the property. Since this

Court has admitted the Second Appeals arising from the appellate

judgment filed as R.S.A Nos. 836 and 869 of 2008 and has passed an

interim order for maintaining status quo in R.S.A. No. 836 of 2008,

Ext.P5 order cannot survive any more and is accordingly set aside.

The property shall be dealt with in accordance with the final decision in

the above Second Appeals.

This writ petition is disposed of as above.

Dated this the 24th day of October, 2008.

V. RAMKUMAR, JUDGE.

rv