In this writ petition under Article 227 of the Constitution of India, the reliefs sought for are as follows: a) To pass an order directing the Court of the Munsiff of Paravur to hear and dispose of I.A.1578/2014 in O.S.No.373/2014 within a period to be fixed by this Hon'ble Court.
b) To pass an order of injunction directing the respondents not to interfere with the peaceful possession and enjoyment of the plaint schedule properties in O.S.No.373/2014 on the file of the Court of the Munsiff of Paravur pending disposal of the above Original Petition (Civil).
2. The litigations between the parties had a chequered career and that finally ended in Ext.P2. To cut the long story short, in O.S.No.594/1991, the court had taken the view that the defendants are entitled to recovery of possession of plaint schedule property from the petitioners herein. The grievance of the petitioners seems to be that without taking recourse to law and without taking the execution proceedings, the respondents herein trespassed into the property which was admittedly in possession of the petitioners and destroyed the cultivations therein and pulled down certain structures and that compelled the petitioners to file O.S.No.373/2014 seeking damages for the high handed action committed by the respondents. The immediate necessity pointed out by the petitioners is that the marriage of the petitioners' son is scheduled to take place on 23.11.2014. They point out that they may have to put up a 'shamiyana' in the property and they apprehended that the respondents who are not yet obtained recovery of possession of property through execution or other legal means, may interfere with the ceremony and create problems and therefore they want safety as far as the marriage is concerned. Though they had moved the lower court for interim relief, the said court was not inclined to grant an ex parte order and only issued notice.
3. The limited prayer in this original petition is that the respondents may not forcibly enter into the property and tamper with the constructions and other structures put up therein till the marriage of the petitioners' son is conducted on 23.11.2014. It is further prayed that there may be a direction to the lower court to dispose of the application namely, I.A.No.1578/2014 seeking interim injunction as expeditiously as possible.
4. The prayer is very strongly opposed by the respondents who point out that even after a decree has been passed granting recovery of possession on the strength of title, illegal constructions have been put up and high handed actions have been resorted to by the petitioners which disentitle them to get any discretionary relief.
5. After having heard the learned counsel on both sides and after having bestowed attention to various aspects, so long as execution petition has not been filed and possession obtained as per law, the petitioners are entitled to remain in possession. There is no case for the respondents that the possession has been recovered from the petitioners. Under these circumstances, it is felt that it is only appropriate that the respondents are restrained from interfering with the possession of the petitioners in respect of the property in relation to which there is a decree of recovery of possession till 23.11.2014.
Therefore, there will be an interim order restraining the respondents from tampering or interfering with the possession of the petitioners over the counter claim property covered in O.S.No.594/1991 till 23.11.2014. However, the respondents are at liberty to have the decree executed and possession taken through due process of law. There will also be a direction to the Munsiff Court, Paravur to hear and dispose of I.A.No.1578/2014 in O.S.No.373/2014 as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment. In the light of the counter affidavit filed by the respondents, the Munsiff Court, Paravur may also expedite the proceedings in E.P.No.31/2014 in O.S.No.155/1996.
This original petition is disposed of as above.
Sd/-
smp P.BHAVADASAN JUDGE