Kerala High Court
Sheeba vs Sheeba on 10 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
WEDNESDAY, THE 10TH DAY OF FEBRUARY 2021 / 21ST MAGHA,1942
OP(C).No.1744 OF 2020
AGAINST THE JUDGMENT IN CMA 28/2013 DATED 17-10-2018 OF FIRST
ADDITIONAL DISTRICT COURT, THRISSUR
AGAINST THE ORDER IN 11314/2012 IN OS 3362/2012 DATED 19-10-2012
OF FIRST ADDITIONAL MUNSIFF COURT ,THRISSUR
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PETITIONERS/APPELLANTS/RESPONDENTS:
1 SHEEBA
AGED 52 YEARS
W/O BABURAJ,
AALIL VEETTIL, POOTHOLE DESOM, THRISSUR VILLAGE,
THRISSUR TALUK AND DISTRICT-680004.
2 ADV. BABURAJ
AALIL VEETTIL, POOTHOLE DESOM, THRISSUR VILLAGE,
THRISSUR TALUK AND DISTRICT-680004.
3 ASWIN
S/O ADV.BABURAJ,
AALIL VEETTIL, POOTHOLE DESOM, THRISSUR VILLAGE,
THRISSUR TALUK AND DISTRICT-680004.
BY ADV. SRI.SUMODH MADHAVAN NAIR
RESPONDENT/RESPONDENT/PETITIONER:
SUPRABHA
W/O CHANGARANGATH RAMACHANDRA MENON,
POOTHOLE DESOM, THRISSUR VILLAGE,
THRISSUR TALUK AND DISTRICT-680004.
R1 BY ADV. SMT.MEENA.A.
R1 BY ADV. SRI.VINOD RAVINDRANATH
R1 BY ADV. SMT.M.R.MINI
R1 BY ADV. SRI.ASHWIN SATHYANATH
R1 BY ADV. SRI.K.C.KIRAN
R1 BY ADV. SRI.M.DEVESH
R1 BY ADV. SHRI.THAREEQ ANVER
R1 BY ADV. SHRI.ANISH ANTONY ANATHAZHATH
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 10.02.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SATHISH NINAN, J.
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O. P. (C) No.1744 of 2020
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Dated this the 10th day of February, 2021
JUDGMENT
The dispute involved relates to the user of a
way described in plaint 'B' schedule. The plaintiff
claimed easement right over the same. The existence
of the way is reported by a Commissioner deputed in
the suit, who has submitted Exts.C1 plan and C2
report. On appreciating the rival contentions, the
courts below were inclined to grant an interim
order of injunction.
2. The C.M. Appeal was dismissed as early as on
17.10.2018 and the present original petition is
filed on 20.11.2020. The suit is of the year 2012.
Apart from the fact that order impugned does not
warrant any interference on the merits, I do not
think that this original petition ought to be
entertained. The suit may be tried and disposed of
expeditiously. Needless to say that the trial shall
be uninfluenced by any of the findings or
observations in the present interlocutory
O. P. (C) No.1744 of 2020
proceeding.
Original petition is dismissed.
Sd/-
SATHISH NINAN
JUDGE
kns/-
//True Copy//
P.S. to Judge
OP(C).No.1744 OF 2020
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE OS NO.3362/2012 DATED
22.09.2012 FILED BY THE RESPONDENT HEREIN
BEFORE THE MUNSIFF COURT, THRISSUR.
EXHIBIT P2 TRUE COPY OF THE WRITTEN STATEMENT FILED BY
THE PETITIONERS/DEFENDANTS IN OS 3362/2012
BEFORE THE FIRST ADDITIONAL MUNSIFF COURT
AND DATED 14/06/2013.
EXHIBIT P3 TRUE COPY OF THE INJUNCTION APPLICATION
NUMBERED AS IA .11314/2012 IN OS
NO.3362/2012 DATED 22/09/2012 AND FILED BY
THE RESPONDENT HEREIN BEFORE THE FIRST
ADDITIONAL MUNSIFF COURT.
EXHIBIT P4 TRUE COPY OF THE COUNTER PREFERRED BY THE
PETITIONERS AGAINST EXT.P3 APPLICATION AND
DATED 27/09/2012.
EXHIBIT P5 TRUE COPY OF THE ADVOCATE COMMISSIONER'S
REPORT DATED 5/10/2012 FILED BEFORE THE
FIRST ADDITIONAL MUNSIFF COUT, THRISSUR.
EXHIBIT P6 TRUE COPY OF THE ORDER IN IA 11314/2012 IN
OS 3362/2012 DATED 19.10.2012 PASSED BY THE
FIRST ADDITIONAL MUNSIFF.
EXHIBIT P7 TRUE COPY OF THE JUDGMENT IN CMA 28/2013
PASSED BY THE FIRST ADDITIONAL DISTRICT
JUDGE, THRISSUR DATED 17/10/2018.
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