James Chennattu vs Vekkechalil Mathew

Justice V. Chitambaresh

Concurrent orders passed on an application for interim mandatory injunction in a suit for a decree of permanent prohibitory injunction are under

challenge. The courts below have on the basis of Exts. C1 to C3 reports of the Advocate Commissioner held that the status quo has been altered

since the date of filing of the suit by demolishing the compound wall on the northern and southern side as well as by laying a road after cutting the

trees. It is trite law that an order for interim mandatory injunction could be passed for restoring the status quo ante as on the date of suit. Therefore

the courts below cannot be faulted with in directing the construction of the compound walls on the northern and the southern side and restoring the

property to its original position as on the date of suit.

The impugned order of the lower appellate court inter alia states as follows:

There is no dispute as to the demolition of northern as well as southern compound wall and cutting down of trees. The only ground urged by the

appellant is that which was done by the general public and they have no role in it.

It is evident therefore that status quo has been altered and who is responsible for such acts alone assumes importance.

I modify the impugned orders and permit the respondent/plaintiff to construct the compound walls on the northern and southern side and restore

the property to its original position. This will of course be without prejudice to the contentions of either parties in the suit.

I hasten to add that the question whether the defendant should be mulcted with the liability to bear the expenses for construction and restoration

will be considered in the suit. Either parties are at liberty to adduce evidence as to who is responsible for the alteration of the status quo pending

suit. The findings in that regard in the orders impugned are hereby vacated. The court of the Munsiff of Taliparamba is directed to dispose of O.S.

No. 334/2009 on its file before the court closes for summer recess in the year 2013.

The Original Petition is disposed of.