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T.B.UNNIKRISHNAN versus RAHITHA R.@ RAJITHAMMA

High Court of Kerala

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T.B.UNNIKRISHNAN v. RAHITHA R.@ RAJITHAMMA - WP(C) No. 13975 of 2007(L) [2007] RD-KL 10826 (20 June 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 13975 of 2007(L)

1. T.B.UNNIKRISHNAN,
... Petitioner

Vs

1. RAHITHA R.@ RAJITHAMMA,
... Respondent

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

Dated :20/06/2007

O R D E R

M.N.KRISHNAN, J.

WP(C)No. 13975 OF 2007 L

Dated this the 20th June, 2007.



JUDGMENT

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


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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