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Judgment
Dr. Kauser Edappagath, J
Notice has been issued to the respondents 1 to 5 through special messenger. Notice has been served. The respondents 2 to 5 entered appearance.
I have heard Sri.K.R.Sunil, the learned counsel for the petitioners, Sri.A.K.Alex, the learned counsel for the respondents 1 to 5 and Smt.Rekha S., the learned Senior Public Prosecutor.
The petitioner, who was the 1st defendant in O.S.No.183 of 2015 on the files of the Munsiff Court, Changanacherry, suffered a decree for permanent prohibitory injunction. The respondent No.1 herein was the plaintiff in the said suit. The respondent No.1 is no more. The respondent Nos.3 to 5 are the legal heirs. The petitioner is running a crusher unit. The injunction granted was that the petitioner shall not run the crusher unit without obtaining a proper licence. Now after the decree is passed, the respondent No.1 filed Ext.P7 application to pass an order to stay the operation of the crusher unit with immediate effect on the ground that the petitioner has violated the decree.
According to the petitioner, Ext.P7 itself is not maintainable and the remedy open to the respondent No.1 is to file an execution petition. The learned counsel for the petitioner submits that even though the petitioner has raised an issue of maintainability before the learned Munsiff, the learned Munsiff is proceeding with Ext.P7 application. Ext.P8 is the objection filed by the petitioner. In paragraph 2 of the objection statement, the petitioner has specifically raised a plea that Ext.P7 is not maintainable.
The petitioner has raised a specific contention that the petition is not maintainable. In view of the said plea, the court below ought to have considered the maintainability of Ext.P7 petition before considering it on merits.
In these circumstances, this original petition is disposed of with a direction to the learned Munsiff to consider the question of maintainability of Ext.P7 first. If the court below finds, after hearing both sides, that Ext.P7 is maintainable, then the court below shall consider and dispose of the same on merits, in accordance with law.