IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 24146 of 2005(Y)
1. VILASON, S/O. SIVADASAN,
... Petitioner
Vs
1. ANANDAN, KAVUVILA VEEDU,
... Respondent
For Petitioner :SRI.J.JAYAKUMAR
For Respondent :SRI.R.S.KALKURA
The Hon'ble MR. Justice PIUS C.KURIAKOSE
Dated :21/06/2007
O R D E R
PIUS C. KURIAKOSE, J.
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W.P.(C) NO. 24146 of 2005
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Dated this the 21st day of June 2007
JUDGMENT
An application for temporary injunction filed by the plaintiff
petitioner was dismissed by the learned Munsiff under Ext.P2.
Ext.P2 order was confirmed by the Sub Judge, in Appeal by
Ext.P4. It is impugning Exts.P2 and P4, that this writ petition
under Article 227 has been filed.
2. Having considered Exts.P2 and P4, I am not prepared to
say that those orders are vitiated to such as extent as to
warrant corrections under the supervisory jurisdiction of this
court. However, on admitting this writ petition this court directed
the parties to maintain status quo. Even though the respondent
has been served with notice, no endeavor has been made by the
respondent to get the above order vacated. Under these
circumstances, I am of the view that this writ petition can be
disposed of issuing the following directions:
WPC No. 24146/2005 2
The learned Munsiff, Attingal will try and dispose of
O.sS.160/2004 at his earliest without being unduly influenced by
the observations and findings in Ext.P2 and the circumstance that
Ext.P2 has been confirmed by the court of appeal. The suit will
be decided on the basis of the evidence which comes on record at
trial. At any rate the learned Munsiff will special list the suit for
trial in the earliest available special list and take a decision. Till
such time the decision is taken in the suit, the status quo
obtaining as on 16.8.2005 will be maintained by both the parties.
PIUS C. KURIAKOSE,
JUDGE.
dpk