The revision petitioner who was the complainant in a private complaint filed as C.M.P. No. 2480 of 2009 before the J.F.C.M. I, Cherthala, alleging offences punishable under Sections 500 and 501 I.P.C. against the Ist respondent herein, challenges the order dated 20-8-2009 passed by the Magistrate dismissing the complaint presumably under Section 203 Cr.P.C. after recording the sworn statement of the complainant.

2. Eventhough the accused to whom no process was issued by the Magistrate, has no right to be heard in this revision, since the revision petitioner had made the accused a party respondent and also since this Court ordered notice to him, I also heard Advocate Sri.Azad Babu on behalf of the Ist respondent/accused.

THE BACKGROUND FACTS

3. The facts leading to the filing of the aforesaid complaint can be summarised as follows:

A) O.S. No. 555 of 2008 before the Munsiff's Court, Cherthala was a suit filed by the complainant's mother Kaumari and the complainant against the Ist respondent herein (accused) and his wife seeking a declaration of the right of easement over a way and also for consequential injunction. There was an interim prohibitory injunction granted by the