SADASIVA PANICKER Vs. SURESH KUMAR

JUDGEMENT

(1.) This Original Petition has been filed challenging the concurrent orders passed by the Courts below in an application for interim mandatory injunction. The orders direct the defendants to remove a gate kept at the entrance of the plaint 'B' schedule property. It is trite law that interim mandatory injunction can be granted only to restore the status quo ante as on the date of suit It is evident from Ext. P11 report of the Advocate Commissioner that the gate had already been erected at the time the defendants were served with summons on the date of suit. This Court while admitting this Original Petition to file passed an interim order of stay on condition that the defendants keep the gate in the plaint 'B' schedule property open without locking the same. The Counsel for the defendants reiterates this plea and undertakes that he would comply with the interim order till the disposal of the suit. I therefore direct the parties to maintain the same status quo till the disposal of the suit. I further direct the Court of the Munsiff of Neyyattinkara to dispose of O.S. No. 841/2011 pending on its file within a period of 4 months from the date of receipt of a copy of this judgment.

(2.) I however add that the plaintiff is entitled to take out a commission and complain to the court below in case the gate kept at the entrance of Plaint 'B' schedule property is locked at any point of time. The Court below will take severe action against the defendants in case they act contrary to the undertaking recorded above.