KUMMALIL PALLIMALIL IYYATHUMMA Vs. PARATHODI AYAMMAD

JUDGEMENT

(1.) THE plaintiff is the petitioner. THE suit is for permanent prohibitory injunction restraining the defendants from interfering with the plaintiff constructing a retention wall for a pond. It is admitted that there was an order of status quo in the application for injunction filed along with the suit. THE petitioner contends that the defendants altered the status quo by filling up a pathway and a portion of the 'varuchal' leading to the pond. This has prompted the plaintiff to file I.A No.859/2012 seeking permission to construct a retention wall on the western side of the pond.

(2.) THE defendants on the other hand submit that even the construction of the pond has to be halted due to the stop memo issued by the Revenue Divisional Officer. THE defendants also point out that the husband of the plaintiff had moved the same Court for interim mandatory injunction alleging the same facts. And that interim mandatory injunction has been refused by order dated 13-4-2012 in O.S. No.60/2012 on the file of the Court of Munsiff, Tirur.

(3.) THE Original Petition fails and is dismissed.