HAJI P. ABDUL RAHIMAN Vs. K. P. NARAYANAN

JUDGEMENT

(1.) The defendants respondents in IA No. 1 70/96 in AS No. 4/94 in OS No. 329/92 of the Subordinate Judge's Court, Hosdurg are the revision petitioners.

(2.) The respondent filed OS No. 329/92 on the file of the Munsiff's Court, Hosdurg against the revision petitioners for permanent prohibitory injunction restraining them from constructing buildings in the plaint B schedule property without leaving an open space of 15 ft. from its northern boundary and in violation of the Kerala Building Rules, and for mandatory injunction to demolish the structures put up in the plaint schedule property.

(3.) The Munsiff's Court after trail dismissed the suit with costs by judgment dated 18.12.1993. The plaintiff respondent preferred AS 4/94 before the Subordinate Judge's Court, Hosdurg against that decree and judgment. Thereafter the respondent filed OP No. 1044/94 before this Court against the revision petitioner, the State of Kerala, the Commissioner of Hosdurg Municipality and the Station House Officer, Hosdurg Police Station, to issue a wit of mandamus directing the respondents therein not to proceed with the construction work. CMP No. 1866/94 filed by the respondent in that OP for an order of temporary injunction restraining the revision petitioners from proceeding with the construction work was dismissed by this Court by order dated 6.4.1994. Then Writ Appeal No. 851/94 was filed against that order. It was dismissed as withdrawn by judgment dated 27.7.1994. The OP is still pending before this Court.