The court established that trial courts must decide cases independently and without influence from prior orders while preserving the status of the subject matter until resolution.

JUDGMENT

The prayers in this Original Petition (Civil) filed under the enabling provisions of Article 227 of the Constitution of India are as follows :

“1. To call for the records in CMA 16/2016 of the IV Additional District Court, Kollam and set aside the Exhibit P6 order.

2. To call for the records in CMA 16/2016 of the IV Additional District Court, Kollam and restore the interim injunction granted by the trial court;

3. Such other reliefs as this Hon'ble Court may deem fit and proper in the nature and circumstance of the case.”

2. Heard Sri.Arun Babu, learned counsel appearing for the petitioner/plaintiff and Sri.K. SubashChandra Bose, learned counsel appearing for respondents 1 and 2/defendants 1 and 2 in the Original Suit.

3. The petitioner is the plaintiff in O.S. No.66/2017 on the file of the Additional Munsiff's Court, Kollam. The Suit is for declaration of easement by prescription over plaint C schedule pathway and for consequential prohibitory injunction. The trial court had granted an order of temporary injunction as per Ext.P5 order dated 04.03.2017 rendered on I.A. No.457/2017 in the above said O.S. Aggrieved thereby, the defendants 1 and 2 in the Suit had filed C.M.A. No.16/2017 before the Court of the Additional District Judge-IV, Kolam to challenge the legality and correctness of the impugned Ext.P5 order of temporary injunction dated 04.03.2017. The lower appellate court, as per the impugned Ext.P6 judgment, has reversed the temporary injunction granted by the trial court as per Ext.P5 and consequently dismissed the I.A. for temporary injunction. It is this judgment at Ext.P6 of the lower appellate court was under challenge in this OP(C) filed at the instance of the plaintiff.

4. This Court while admitting this OP(C) had ordered that the enforcement and operation of the impugned Ext.P6 order dated 03.10.2017 rendered by the lower appellate court in CMA No.16/2017 will stand deferred. The said interim order was directed to be in force up to 15.01.2018. Later this Court as per order dated 12.01.2018 had extended the interim order until the next date of posting date.

5. Both sides have made several contentions regarding the correctness or otherwise of the impugned Ext.P6 judgment. After having heard both sides this Court is of the view that the OP(C) could be disposed of with a direction to the trial court to finally dispose of the main matter in the Suit itself without further delay and with the specific direction that the final determination of the Suit should be rendered by the trial court independently, untrammelled and uninfluenced by Ext.P5 order and Ext.P6 judgment.

6. Accordingly, it is ordered in the interest of justice that the Court of Additional Munsiff, Kollam will take all reasonable endeavours to ensure disposal of O.S. N.66/2017, without much delay, preferably within a period of 4 to 6 months from the date of production of a certified copy of this judgment. It is further ordered that until the final disposal of the Suit, status quo as on today will continue. It is made clear that the above said direction is issued only for the limited purpose of preserving the subject matter of the lis and shall not be construed as an expression of opinion of this court regarding the merits of the controversy between the parties. The trial court will decide the Suit independently, untrammelled and uninfluenced in any manner with the findings and observations in Ext.P5 order and Ext.P6 judgment. The petitioner will produce a certified copy of this judgment before the trial court for necessary information.

With these observations and directions, this Original Petition (Civil) will stand finally disposed of.