Sundar Raj vs S. Sarasamma

Thomas P. Joseph, J.—This writ petition is filed by claim petitioner Nos. 2 to 4 in O.S. No. 90 of 2000 of the court of learned Additional Munsiff-II, Neyyattinkkara. Respondent No. 1 has obtained a decree against respondent No. 1 for prohibitory injunction and mandatory injunction for demolition of the building in question on the allegation that it is constructed in violation of the Building Rules. Respondent Nos. 3 to 5 are legal representatives of deceased claim petitioner No. 1. Learned Munsiff has granted decree for prohibitory injunction and mandatory injunction as aforesaid. Petitioners and deceased claim petitioner No. 1 claimed that they are also entitled to a share in the suit property and that suit for partition is pending. Respondent No. 1 in collusion with respondent No. 2 obtained a decree to defeat their rights. Learned Munsiff dismissed the claim petition vide order dated 31-08-2010. Application for copy has been preferred on 02-09-2010. Grievance of petitioners is that they are not so far issued a copy of the order but in the meantime the building is going to be demolished on 18-09-2010. It is therefore prayed in this writ petition that learned Additional Munsiff-II, Neyyattinkara is directed to issue carbon copy of the order dated 31-08-2010 dismissing E.A. No. 633 of 2007 in E.P. No. 379 of 2006 in O.S. No. 90 of 2000 and in the meantime execution of the decree for demolition of the building may be kept in abeyance. Learned Counsel contends that petitioners have valid grounds to be urged in the appeal and if in the meantime the decree for mandatory injunction is not allowed petitioners will be put to irreparable loss and injury.

I have gone through this writ petition. I am told that decree for mandatory injunction is to be executed on 18-09-2010. If before a copy of the order is issued to the petitioners the decree is executed that will put them to irreparable loss and injury.

Writ petition is disposed of in the following lines:

(i) Learned Additional Munsiff-Ii, Neyyattinkara is directed to issue carbon copy of the order dated 31-08-2010 on E.A. No. 633 of 2007 in E.P. No. 379 of 2006 in O.S. No. 90 of 2000 of that court at the earliest.

(ii) It is directed that the execution of the decree to the extent it related to the mandatory injunction will stand in abeyance till the expiry of seven (7) days from the date on which carbon copy of the impugned order is notified for delivery to the petitioners.