NAFEESA Vs. KOZHIKODE DISTRICT PANCHAYATH

JUDGEMENT

(1.) THE petitioners are the plaintiffs in O.S.No.384 of 2010, Munsiff's Court II, Kozhikode. THE suit was filed in the vacation court in May, 2010. THE relief sought for in the suit is for a declaration that the plaintiffs have prescribed right of easement to use the plaint 'B' schedule road to take vehicles to the plaint 'A' schedule property. THEre is also a prayer for consequential injunction. It is stated that in the plaint 'A' schedule property industrial units are there. THE plaintiffs filed I.A.No.2012 of 2010 for temporary injunction restraining the respondent from obstructing the user of the plaint 'B' schedule road. It is stated that only notice was ordered in the temporary injunction application. THE respondent/defendant appeared. THEy filed objections in I.A.No.2012 of 2010. However, no final orders were passed in the application.

(2.) A Commissioner was appointed by the trial court, who reported that there are industrial establishments in the plaint 'A' schedule property and 22 employees are working in the said establishments.

(3.) THOUGH notice was served on the respondent by special messenger, there is no appearance. The case was adjourned on several occasions to provide an opportunity to the respondent to appear. However, there is no appearance for the respondent even now. The application for temporary injunction, namely, I.A.No.2012 of 2010, is not disposed of. The allegation of the petitioners is that the acts of the respondent were highhanded and the status quo in respect of the property was altered without taking the Court into confidence and without getting permission of the Court. The learned senior counsel appearing for the petitioners submitted that the Court is entitled to take into account the subsequent events also while disposing of the application for temporary injunction. The counsel also submitted that there is no bar to invoke the jurisdiction under Article 227 of the Constitution of India, in the facts and circumstances of the case.