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T.B.UNNIKRISHNAN v. RAHITHA R.@ RAJITHAMMA - WP(C) No. 13975 of 2007(L)  RD-KL 10826 (20 June 2007)
IN THE HIGH COURT OF KERALA AT ERNAKULAMWP(C) No. 13975 of 2007(L)
1. RAHITHA R.@ RAJITHAMMA,
2. DON BOSCO WELFARE CENTRE SOCIETY,
For Petitioner :DR.V.N.SANKARJEE
For Respondent :SRI.JOSE TOM C. KANDATHIL
The Hon'ble MR. Justice M.N.KRISHNAN
O R D E R
M.N.KRISHNAN, J.WP(C)No. 13975 OF 2007 L
Dated this the 20th June, 2007.
This writ petition is filed seeking to quash Ext.P8. Ext.P8 is a plaint filed as O.S.304/07 before the Munsiff Court, Cherthala to pass a decree for permanent prohibitory injunction against the second defendant from interfering with the peaceful enjoyment of the plaint schedule property. The present writ petitioner is the second defendant in the suit. The writ petition itself is not maintainable to quash a plaint. If the suit is not maintainable it is for the party to appear before the court and raise the point and request the court to consider it as a preliminary issue. There is no question of quashing a plaint exercising the jurisdiction under Articles 226 and 227 of the Constitution of India. Therefore writ petition is dismissed. M.N.KRISHNAN Judge jj
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