Krishnakumari Harshan vs O.K.Sreedharan

EX.FA NO. 13 OF 2022                   1

                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                     PRESENT
                    THE HONOURABLE MR. JUSTICE P.SOMARAJAN
            THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944
                              EX.FA NO. 13 OF 2022
  AGAINST THE ORDER IN E.P 19/2017 IN OS 535/2009 OF MUNSIFF COURT,
                                     CHITTUR
APPELLANT/DECREE HOLDER NO.1/PLAINTIFF NO.1:

               KRISHNAKUMARI HARSHAN,
               AGED 60, W/O HARSHAN, PALLIYATH VEEDU, VII/23,
               PONNUKETTIYAPARA, KOLLENGODE VILLAGE, CHITTOOR TALUK,
               PALAKKAD-678506.
               BY ADVS.
               S.GOPAKUMAR
               T.M.BINITHA


RESPONDENT/JUDGMENT DEBTORS/DEFENDANTS/DECREE HOLDER NO.2/PLAINTIFF
NO.2:

        1      O.K.SREEDHARAN, PONNUKETTIYAPARA, GANAPATHY TEMPLE
               COMMITTEE PRESIDENT, THE CHAIRMAN, INSTITUTE OF SCIENCE AND
               TECHNOLOGY, ATTAYAMPATHY, GOVINDAPURAM, CHITTUR TALUK,
               PALAKKAD-678506.
        2      THE SECRETARY
               POONNUKETTIYAPARA GANAPATHY TEMPLE COMMITTEE, C.MUKUNDAN,
               "SREE SANKAR", OLD BAZAR, KOLLENGODE, CHITTUR TALUK,
               PALAKKAD -678506.
        3      P.P. HARAN, AGED 50,
               S/O PRABHAKARAN NAIR, RESIDING AT PALLIYATH,
               VELLARAKKAD, THALAPPILLI TALUK, THRISSUR-680604.
        THIS   EXECUTION   FIRST   APPEAL   HAVING   COME   UP   FOR   HEARING   ON
23.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 EX.FA NO. 13 OF 2022               2

                                JUDGMENT

The appellant is the decree holder pertaining to the decree passed as early as on 05/01/2012, granting mandatory injunction to remove the structure. It was not executed within a period of three years. The E.P is filed after the expiry of three years, ie., on 23/01/2017, hence, stood barred by limitation. Without prejudice to the right of parties to exhaust any other remedy available, the present appeal is hereby dismissed in limine.

Sd/-

P.SOMARAJAN JUDGE msp