Ashok Bhushan, Ag. C.J Heard the learned counsel for the petitioners and the learned Senior Government Pleader appearing for the respondents.
2. By this writ petition, the petitioners have prayed for a direction to respondent Nos.1 to 3 to take effective action against the 4th respondent and her men and to restrain respondents 1 to 3 from harassing the petitioners illegally and further the 4th respondent be restrained from obstructing the petitioners and their family members from using the pathway under question.
3. From the materials brought on record, it does appear that there are civil disputes between the parties and that the 4th respondent had filed a suit as O.S.No.280 of 2012, which was decreed, against which the petitioners have filed an appeal, which is pending before the Sub Court, Attingal.
W.P.(C) No.32822 of 2014 -: 2 :-
4. The petitioners have also filed a suit as O.S.No.172 of 2013 as stated in paragraph 2 of the counter affidavit filed by the 4th respondent, where application for interim injunction filed by the petitioners is pending consideration. Since the dispute between the parties pertaining to pathway being already under consideration before the civil court, we see no reason to entertain this writ petition as a police protection matter and issue any direction as prayed for. The petitioners may pursue their appeal/application for interim injunction before the Sub Court/Munsiff's Court respectively.
With this observation, this writ petition is closed.
Sd/- ASHOK BHUSHAN Ag. CHIEF JUSTICE Sd/-
A.M. SHAFFIQUE J UDGE Jvt