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2025 Supreme(Online)(KER) 12201
HIGH COURT OF KERALA
BASANT BALAJI, J
SHAJAN ANTONY @ RAPHEAL @ SHAJAN C.A – Appellant
Versus
C.A. SHYLAN – Respondent
O.P.(C) NO.858 OF 2025 | O.S.No.281 OF 2025
For the Appellants/Petitioners: SUSANTH SHAJI, SIDHARTH O.A., ALBIN A. JOSEPH, NEKHA VARGHESE
For the Respondents:
The court upheld the necessity of timely adjudication of injunction applications to protect property rights and maintain status quo pending further hearings.
Headnote:(A) Injunction - Prohibitory injunction in a suit for easement - This petition seeks a direction for timely consideration of an injunction application pending in the trial court. The court ordered to maintain status quo until the trial court resolves the pending applications. (Paras 1-4)
(B) The right to build a gate across a pathway and restrictions on obstructing such construction were central to the case. The trial court’s interim decision was made to prevent obstruction of the plaintiff’s access. (Paras 2-3)
Facts of the case:
The original petition was filed by the defendant against a suit seeking a permanent prohibitory injunction regarding the construction of a gate on a pathway. The interim injunction was maintained pending further hearings.
Findings of Court:
The court directed that both injunction applications be resolved before the summer vacation, maintaining the status quo.
Issues: The primary issue was the urgency of adjudicating the injunction to prevent disruption of property rights.
Ratio Decidendi: The court emphasized the importance of expediting the resolution of the injunction applications in light of the impending summer vacation.
Result: Petition disposed of.
| Table of Content |
|---|
| 1. direction for timely disposal of injunction application. (Para 1) |
| 2. discussion on the right of the defendant regarding property access. (Para 2 , 3) |
JUDGMENT
(Dated: 1st April, 2025)
This original petition is filed for a direction to the 2nd Additional Munsiff Court, Ernakulam, to consider and dispose of Ext.P2 injunction application on merits within a time frame and to dispose of Ext.P12, filed to vacate the interim order.
2. The petitioner is the defendant in O.S.No.281 of 2024 filed by the respondent for a permanent prohibitory injunction restraining the petitioner herein and his agents from obstructing him while constructing a gate across the plaint schedule pathway after leaving 3 meters distance from the eastern end of the said pathway to the west. An injunction application was filed along with the suit as I.A.No.2 of 2025, and the learned Munsiff has passed Ext.P2 temporary injunction. The petitioner has filed Ext.P12 application on 24.03.2025, to vacate the interim order granted by the Munsiff dated 17.03.2025. The petitioner seeks disposal of the same.
3. A report was called for and the report dated 29.03.2025 received, wherein it is stated that O.S.281 of 2025 is a suit for permanent prohibitory injunction restraining the plaintiff from obstructing the defendant herein from putting up a gate on the eastern compound wall of the property of the defendant to enjoy a pathway situated on eastern side of his property and further from causing obstruction for his enjoyment of the said pathway wherein he claims right of easement by grant. After hearing both sides, an ad interim injunction was granted on 29.03.2025 and I.A.No.2 of 2025 was posted to 29.3.2025 for objection and hearing. The defendant thereafter filed I.A.No.3 of 2025, to advance the matter for hearing of I.A.No.2 of 2025 from 29.03.2025, for considering I.A.No.4 of 2025 filed for vacating the interim injunction and for considering the injunction application on merits. The suit was advanced to 27.03.2025. On 27.03.2025, the counsel for the defendant was heard on I.A.No.4 of 2025 and is posted for objection and for further hearing to 04.04.2025. There was no representation for the petitioner while I.A. No.4 of 2025 was considered on 27.03.2025. Now, I.A.No.2 of 2025 and 4 of 2025 are posted to 04.04.2025, for hearing and objection.
The injunction order granted is not to obstruct the construction of the gate across the plaint schedule pathway, and Ext.P12 is an application to vacate the interim order stating that the gate put up on the way to access his property, will be closed.
Taking into consideration the report as well as the urgency put forward in Ext.P12, I direct the Trial court to take up I.A.Nos.2 of 2025 and 4 of 2025 and dispose of the same before the court closes for summer vacation. The status quo as ordered by this court shall continue till the disposal of both the I.As.
This original petition is disposed of.
