A ABDUL RAHIM Vs. NAZARULLAH

JUDGEMENT

(1.) This C.R.P. is filed challenging the order dated 5-8-1998 in I. A. 1858/1998 in O.S. 266/1997 on the file of the Munsiff's Court, Attingal. The petitioners are the defendants in the case, while the respondents are the plaintiffs. After the filing of the suit, the plaintiffs filed I. A. 1202 of 1997 for a temporary injunction restraining the defendants from trespassing into the plaint Schedule property or digging oil from therein for the purpose of making out any channel through the plaintiff rule property and doing any acts to interfere with the possession of the plaintiff or doing rafting of husk in the water logged area or from causing my damage to the rafted husk in the water logged portions. An interim injunction was granted. Thereafter after hearing the defendants the order was confirmed. It seems, the defendants had also filed suit as OS. 32/1997 and therein they had filed I. A. 164/1997 for temporary injunction. That was also heard along with I. A. 1202/1997. But, that application was dismissed. Against the above common order, the petitioners have preferred Civil Miscellaneous Appeals before the Sub Court, Attingal and the appeals are pending.

(2.) The injunction order was passed on 6-7-1998. On 4-8-1998, the respondents filed a petition for police protection. In Para.4 of the affidavit filed along with the petition the respondents have stated that the petitioners obstructed the putting up of the boundary on the southern side of the plaint schedule property. Hence, they prayed for police protection against the defendants from obstructing the construction of boundary on the southern side. That is the application I. A. 1858/1998. This application was moved on 5-8-1998. The learned counsel for the petitioners wanted time to file objections; but without granting time, the Munsiff heard that petition on that day and passed orders on 5-8-1998 itself. The lower Court has directed the Circle Inspector of Police, Kazhakkuttom to render necessary police protection to the plaintiffs to put fencing around the plaint schedule property especially on the southern side of the property so as to see that the injunction order is implemented. It is against the above order, the revision petition is filed.

(3.) I heard the counsel for the parties.