MADRE DE DEUS CHURCH Vs. FR.LABERIN YESU

JUDGEMENT

(1.) THE petitioners are the defendants in O.S.No.1400 of 2010 on the file of the Court of the First Additional Munsiff of Thiruvananthapuram. The respondents are the plaintiffs therein. The suit instituted by the respondents is one for a permanent prohibitory injunction restraining defendants 2 and 3 from demolishing the church building situated in the plaint schedule property and from making any illegal construction in the plaint schedule property without an approved plan and licence from the Corporation of Thiruvananthapuram and other authorities. Later, the plaint was amended and the plaintiffs prayed for a mandatory injunction directing defendants 2 and 3 to demolish the constructions made by them in the plaint schedule property, in violation of the interim order of injunction passed in the suit.

(2.) ALONG with the plaint, the plaintiffs had filed I.A.No.7316 of 2010 for a temporary injunction in terms of the relief of injunction prayed for in the plaint. Defendants 2 and 3 alone were joined as parties in the said application. They filed objections resisting the application. After considering the rival contentions, the Court of the First Additional Munsiff of Thiruvananthapuram restrained defendants 2 and 3 from constructing any building in the plaint schedule property without obtaining a permit and plan from the Corporation of Thiruvananthapuram. The trial court clarified that the order of injunction will not prohibit defendants 2 and 3 from making any construction after getting approved licence and plan from the Corporation of Thiruvananthapuram. Ext.P5 is the copy of the said order. Aggrieved thereby, the defendants filed C.M.A.No.60 of 2011 in the Court of the Additional District Judge-I, Thiruvananthapuram. The lower appellate court disposed of the said appeal by Ext.P6 judgment delivered on 11.9.2012 with the observation that in view of the building permit, which was issued in the meanwhile, the appellants/defendants will be entitled to construct the building as per the permit and licence issued by the competent authority. The first plaintiff thereupon filed O.P.No.3253 of 2012 in this Court. The said original petition was dismissed by Ext.P7 judgment delivered on 4.10.2012, but with a direction to the trial court to dispose of I.A.No.8623 of 2010, an application filed by the plaintiffs under Order XXXIX rule 2A of the Code of Civil Procedure, within two months from the date of receipt of a copy of the judgment. The trial court accordingly considered I.A.No.8623 of 2010 and issued Ext.P11 order dated 31.12.2012 whereby it directed detention of the Parish Priest of the first defendant church in the civil prison for one month.

(3.) THE plaintiffs thereupon filed I.A.No.2631 of 2013 in the trial court under Order XXXIX rules 1 and 2 of the Code of Civil Procedure for a temporary injunction restraining the defendants and their men from making any further construction of the church building in the plaint schedule property over the unauthorized construction alleged to have been made by the defendants in violation of the order of injunction passed by the trial court on I.A.No.7316 of 2010. The defendants resisted the said application by filing a counter affidavit. The said application was disposed of by order passed on 31.5.2013 with a direction to both parties to maintain the status quo as on 7.11.2012. In this original petition, the petitioners pray for an order directing the Court of the First Additional Munsiff of Thiruvananthapuram to issue a carbon copy of the said order to them forthwith and to stay the operation of the said order till a carbon copy is issued and for a further period two weeks so as to enable the petitioners to challenge the said order.