SADANANDHAN Vs. PANKAJAKSHI

JUDGEMENT

(1.) RESPONDENTS appear through counsel.

(2.) PETITIONER and others filed O.S.No.949 of 1998 in the Munsiff Court, Neyyattinkara for partition. That suit was resisted by the respondents on various grounds including that petitioners and other plaintiffs have no right over the property sought to be partitioned.

(3.) PETITIONER , apprehending that respondents might in the meantime cut trees in the suit property in their attempt to construct building has filed this original petition seeking direction to the learned Munsiff, Neyyattinkara to dispose of Ext.P5, application forthwith and issue appropriate orders directing the respondents not to make any construction in plaint A schedule. Learned counsel for petitioner submits that it was by an inadvertent mistake that the suit happened to be dismissed for default.