High CourtsSingle Bench

Vesa Ammal vs Lakshmanan Muthali

High Court Of Kerala · Decided on 8 February 2024 · Citation: (2024) 02 KL CK 0061

HON’BLE JUDGES
C. Jayachandran, J
RESULT
Disposed Of
CASE NUMBER
Original Petition (C) No. 323 Of 2024
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Judgment

6 paragraphs · 206 words

C. Jayachandran, J

1.

Plaintiffs in O.S.No.197/2022 pending before the Munsiff Court, Ottappalam, are the petitioners herein. The petitioners sought for an injunction vide Ext.P7 application, which was dismissed. The order of dismissal has not been issued yet, though, an application for issuance of a carbon copy has been filed.

2.

The specific grievance of the petitioners is that, a building in the plaint schedule property is attempted to be demolished by the respondents herein, taking advantage of the dismissal of the injunction order. The petitioners seek a breathing time to challenge the dismissal order by filing a C.M.A. If the building is demolished in between, the subject matter of the property cannot be preserved.

3.

Having heard the learned counsel for the petitioners and having regard to the limited relief sought for, notice to the respondents is dispensed with.

4.

This Original Petition is allowed, directing the learned Munsiff, Ottapalam, to issue the order, as per which, Ext.P7 application was dismissed, forthwith. The parties are directed to maintain status quo with respect to the plaint schedule property and building, until the expiry of two weeks from the date of issuance of the certified copy of such order.

The Original Petition is disposed of as above.