JOSE Vs. GEETHA VASUDEVAN

JUDGEMENT

(1.) THE suit is essentially one for a mandatory injunction directing the defendant to remove structures kept above the compound wall in order to prevent rain water falling thereon. The petitioner/plaintiff has also a contention that the respondent/defendant has arieally trespassed into the property allotted to him. The petitioner alleges infringement of a civil right and is therefore entitled to file a suit in accordance with Section 9 of the Civil Procedure Code.

(2.) THE respondent contends that the suit is barred by virtue of Section 2(i) and also under Sections 69(1)(a) and 69(1) (b) of the Kerala Co-operative Societies Act. Only disputes falling under Section 2(i) of the Act are barred under Section 69 thereof and the present controversy relating to the removal of structures above the compound wall is certainly not a dispute falling within Section 2(i) of the Act. The erection of structure does not touch the business, constitution, establishment or management of the housing society which allotted the plot to the petitioner and the assignor of the respondent.

(3.) I set aside the impugned order in I.A.No.656 of 2008 in O.S.No.57 of 2008 on the file of the court of the Principal Munsiff of Thrissur. I direct the court below to expedite the suit and dispose of the same on merits within a period of four months from the date of receipt of a copy of this judgment.