Take notes as you read a judgment using our Virtual Legal Assistant and get email alerts whenever a new judgment matches your query (Query Alert Service). Try out our Premium Member Services -- Sign up today and get free trial for one month.
Kerala High Court
Prakasan vs V.T.Cheriyan on 20 May, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR
Monday, the 20th day of May 2024 / 30th Vaisakha, 1946
RSA NO. 214 OF 2024
OS 226/2017 OF MUNSIFF COURT,PALA
AS 26/2021 OF SUB COURT,PALA
APPELLANT/APPELLANT/DEFENDANT:
PRAKASAN, AGED 55 YEARS, SON OF KUMARAN KANDAVANATHIL HOUSE,
RAMAPURAM BAZAR P.O, RAMAPURAM KARA, RAMAPURAM VILLAGE, MEENACHIL
TALUK, KOTTAYAM DISTRICT, PIN - 686576.
BY ADV. PEEYUS A.KOTTAM
RESPONDENT/RESPONDENT/PLAINTIFF:
V.T.CHERIYAN, AGED 63 YEARS, SON OF THOMAS, VALLOPPALLIL HOUSE,
RAMAPURAM BAZAR P.O., RAMAPURAM KARA, RAMAPURAM VILLAGE, MEENACHIL
TALUK, KOTTAYAM DISTRICT, PIN - 686576.
This Regular second appeal having come up for orders on 20.05.2024,
the court on the same day passed the following:
C. PRATHEEP KUMAR, J
-----------------------------------------------
RSA.Nos.212 and 214 of 2024
------------------------------------------------
Dated this the 20th day of May, 2024
ORDER
Heard the counsel for the appellant. Appeal is admitted. Issue notice to the respondent on the following questions of law:
1. When the counter claim No.3 schedule pathway is in existence as on the date of suit, whether a simple suit for permanent prohibitory injunction is maintainable?
I.A. No.1 of 2024 in RSA.212 of 2024 Operation of the impugned judgment and decree shall stand stayed for a period of two months.
Sd/-
C. PRATHEEP KUMAR, JUDGE sou.
20-05-2024 /True Copy/ Assistant Registrar