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2017 DIGILAW 556 (KER)

RAHMATH, W/O. LATE SALIM v. RASHEED, S/O. HASSAN KUNJU

2017-03-22

ANIL K.NARENDRAN

body2017
JUDGMENT : The petitioners in these Original Petitions are plaintiffs in O.S.No.146 of 2013 on the file of the Munsiff's Court, Kattappana. They are also the defendants in O.S.No.153 of 2013 on the file of the said Court, filed by the respondent herein. 2. O.P.(C)No.169 of 2014 is filed seeking an order to set aside Ext.P8 order dated 26.8.2013 in I.A.No.857 of 2013 in O.S.No.146 of 2013 of the Munsiff's Court, Kattappana and also Ext.P9 judgment dated 8.1.2014 of the Sub Court, Kattappana in C.M.A.No.30 of 2013. 3. O.P.(C)No.170 of 2014 is filed seeking an order to set aside Ext.P8 order dated 26.8.2013 in I.A.No.1185 of 2013 in O.S.No.153 of 2013 of the Munsiff's Court, Kattappana and also Ext.P9 judgment dated 8.1.2014 of the Sub Court, Kattappana in C.M.A.No.31 of 2013. 4. O.P(C)No.174 of 2014 is filed seeking an order to set aside Ext.P8 order dated 26.8.2013 in I.A.No.881 of 2013 in O.S.No.153 of 2013 of the Munsiff's Court, Kattappana and also Ext.P9 judgment dated 8.1.2014 of the Sub Court, Kattappana in C.M.A.No.32 of 2013. 5. The pleadings and materials on record would show that the petitioners herein filed O.S. No. 146 of 2013 seeking a permanent prohibitory injunction restraining the respondent/defendant, his men and agents from trespassing into the plaint schedule property having an extent of 4 cents in Sy.No.19/1 of Kattappana Village and from committing any act of waste therein or from doing anything that will adversely affect the plaintiffs' peaceful possession and enjoyment of the plaint schedule property. Along with the plaint, the plaintiffs filed I.A.No.857 of 2013 seeking an interim injunction, which was declined by the order dated 26.8.2013, on a finding that the plaintiffs are not entitled for an order of temporary injunction as sought for in that I.A. The appeal filed against the said order as C.M.A.No.30 of 2013 also ended in dismissal by the judgment of the Sub Court, Kattappana dated 8.1.2014. Though, O.P.(C)No.169 of 2014 filed before this Court was admitted on file on 23.1.2014, no interim relief as prayed for was granted. 6. Though, O.P.(C)No.169 of 2014 filed before this Court was admitted on file on 23.1.2014, no interim relief as prayed for was granted. 6. The respondent herein filed O.S.No.153 of 2013 before the Munsiff's Court, Kattappana seeking a decree of perpetual injunction restraining the petitioners herein/defendants or anybody under them from trespassing into the plaint schedule property having an extent of 5 cents in Sy.No.37/1 of Kattappana Village and the building situated therein or from usurping the plaint schedule building or from disturbing or preventing his peaceful possession and enjoyment of the plaint schedule property and the building situated therein in any manner whatsoever. Along with the plaint, the plaintiff filed I.A.No.1185 of 2013 seeking mandatory injunction. The Munsiff's Court vide order dated 26.8.2013 allowed the said application and the petitioners herein are directed by an interim mandatory injunction to restore the possession of the petition schedule property in O.S.No.153 of 2013 including the building therein to the respondent herein, till disposal of that suit. The said order of injunction was under challenge in C.M.A.No.31 of 2013, which ended in dismissal by the judgment of the Sub Court, Kattappana dated 8.1.2014. In O.P.(C)No.170 of 2014 filed challenging those orders, this Court granted an interim order of stay of the operation and implementation of those orders, until further orders and the said interim order is still in force. 7. In I.A.No.881 of 2013 in O.S.No.153 of 2013, the respondent herein sought for an order of temporary injunction and the Munsiff's Court by the order dated 26.8.2013 allowed the said application and the petitioners herein are restrained by an order of temporary injunction from trespassing into the plaint schedule property in O.S.No.153 of 2013 and the building therein or from dispossessing the respondent herein from that building and also from disturbing or preventing his peaceful possession and enjoyment of the plaint schedule property till the disposal of that suit. The appeal filed against the said order as C.M.A.No.32 of 2013 ended in dismissal by the judgment of the Sub Court, Kattappana dated 8.1.2014. The appeal filed against the said order as C.M.A.No.32 of 2013 ended in dismissal by the judgment of the Sub Court, Kattappana dated 8.1.2014. In O.P.(C)No.174 of 2014 filed challenging the said orders, this Court ordered on 23.1.2014 that, in view of the fact that the order sought to be stayed, i.e., the order passed by the Munsiff's Court in I.A.No.881 of 2013 will operate only in the event of the order in I.A.No.1185 of 2013 taking effect and in view of the fact that this Court by an order passed in O.P.(C)No.170 of 2014 stayed the operation of that order, no interim order of stay is required in O.P.(C)No.174 of 2014 for the time being. 8. Though, during the pendency of these Original Petitions the matter was referred for mediation before the Ernakulam Mediation Centre, it could not be settled and a report to that effect dated 4.2.2016 has also been filed by the Mediator and the same has already been placed on record along with a communication dated 27.1.2016 of the Nodal Officer, Ernakulam Mediation Centre. 9. By the order dated 16.7.2016, this Court called for a report from the Munsiff's Court, Kattappana, regarding the present stage of O.S.No.153 of 2013 filed by the petitioners herein and O.S.No.146 of 2013 filed by the respondent herein. Pursuant to the said order, a report dated 21.7.2016 of the Munsiff-in-charge, Kattappana has been received through the Registrar (Judicial) of this Court, in which it has been stated that the cases can be disposed of within a period of six months. 10. As I have already noticed, in I.A.No.857 of 2013 in O.s.No.146 of 2013, the temporary injunction sought for by the petitioners herein was declined and the said order was affirmed by the Sub Court in C.M.A.No.30 of 2013. In O.P(C)No.169 of 2014 filed before this Court challenging those orders, no interim relief was granted by this Court. In I.A.No.1185 of 2013 in O.S.No.153 of 2013, the Munsiff's Court granted mandatory injunction to restore the possession of the plaint schedule property in O.S.No.153 of 2013 including the building situated therein to the respondent herein till disposal of that suit. In O.P(C)No.169 of 2014 filed before this Court challenging those orders, no interim relief was granted by this Court. In I.A.No.1185 of 2013 in O.S.No.153 of 2013, the Munsiff's Court granted mandatory injunction to restore the possession of the plaint schedule property in O.S.No.153 of 2013 including the building situated therein to the respondent herein till disposal of that suit. Though the challenge made against the said order ended in dismissal by the judgment dated 8.1.2014 in C.M.A.No.31 of 2013, this Court in O.P.(C)No.170 of 2014 granted interim stay of operation and implementation of those orders and the said order granted on 23.1.2014 is still in force. Similarly, in I.A.No.881 of 2013, the Munsiff's Court granted temporary injunction restraining the petitioners herein from trespassing into the plaint schedule property in O.S.No.153 of 2013 and the building situated therein or from dispossessing the respondent herein from the said property and also from disturbing or preventing his peaceful possession and enjoyment of the same till disposal of that suit. The challenge made against the said order ended in dismissal by the judgment in C.M.A.No.32 of 2013. In O.P.(C)No.174 of 2014, this Court ordered on 23.1.2014 that in view of the order passed by this Court in O.P.(C)No.170/2014, no interim order of stay is required in this Original Petition, for the time being. 11. Since these Original Petitions are pending consideration before this Court for more than three years, at this point of time, the legality or otherwise of the orders impugned which arise out of various interlocutory applications filed in O.S.Nos.146 of 2013 and 153 of 2013 seeking temporary injunction, need not be looked into by this Court in exercise of the supervisory jurisdiction under Article 227 of the Constitution of India. The interest of both the sides will be met by directing the Munsiff's Court, Kattappana to finally dispose of O.S.Nos.146 of 2013 and 153 of 2013 within a period of six months from the date of receipt of a certified copy of this judgment, untramelled by any of the observations contained in the orders impugned in these Original Petitions. Till such time, the interim order of stay granted in O.P.(C)No.170 of 2014 shall continue to be in force. These Original Petitions are disposed of as above.