Kerala High Court
Rahul vs Rajakamal on 28 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
THURSDAY, THE 28TH DAY OF JANUARY 2021 / 8TH MAGHA, 1942
OP(C).No.1785 OF 2020
OS 981/2020 OF II ADDITIONAL MUNSIFF COURT ,THIRUVANANTHAPURAM
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PETITIONER:
RAHUL
AGED 26 YEARS
S/O. RADHAKRISHNAN, RESIDING AT VISAKH,
KALLUVETTANKUZHY, VIZHINJAM P.O., VENGANOOR DESOM,
VIZHINJAM VILLAGE, THIRUVANANTHAPURAM-695 042.
BY ADVS.
SRI.V.G.ARUN (K/795/2004)
SMT.V.JAYA RAGI
SRI.R.HARIKRISHNAN (KAMBISSERIL)
SRI.NEERAJ NARAYAN
RESPONDENTS:
1 RAJAKAMAL
AGED 63 YEARS
S/O. PICHAKKANNU, RESIDING AT VARUVILAKATHU PUTHEN
VEEDU, BALARAMAPURAM, BALARAMAPURAM P.O.,
VENGANOOR VILLAGE, THIRUVANANTHAPURAM-695 501.
2 ABDUL KAREEM
AGED 60 YEARS
S/O. PICHAKKANNU, VARUVILAKATHU PUTHEN VEEDU,
BALARAMAPURAM, BALARAMAPURAM P.O., VENGANOOR VILLAGE,
NOW RESIDING AT NIHAD MANZIL, PETTANADA,
BALARAMAPURAM-695 501.
3 SAHEERATH BEEVI
AGED 54 YEARS
D/O. RABIYATH BEEVI, MOUFIYA MANZIL, KUZHIVILA,
KALLUVETTANKUZHY, VENGANOOR P.O., VENGANOOR DESOM,
VIZHINJAM VILLAGE-695 527.
OP(C).No.1785 OF 2020 -2-
4 MOUFIYA
AGED 32 YEARS
D/O. SAHEERATH BEEVI, MOUFIYA MANZIL, KUZHIVILA,
KALLUVETTANKUZHY, VENGANOOR P.O., VENGANOOR DESOM,
VIZHINJAM VILLAGE-695 527.
R1-2 BY ADV. SRI.D.AJITHKUMAR
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 28.01.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SATHISH NINAN, J.
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O. P. (C) No.1785 of 2020
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Dated this the 28th day of January, 2021
JUDGMENT
The petitioner is the plaintiff in a suit for
declaration of right of way and for injunction. He
has filed applications as IA Nos.4/2020 and 5 of
2020 seeking amendment of the plaint and the
interim injunction application. The applications
are pending. The apprehension of the petitioner is
that the trial court may hear and pass orders on
the injunction application before the amendments
sought for are considered.
2. The amendments sought for include
modifications in the schedule to the plaint. It is
proper that the amendment be considered before
proceeding to consider the injunction application.
O. P. (C) No.1785 of 2020
Accordingly it is ordered that the applications
for amendment be considered and orders passed
before the injunction application viz. IA 1/2020 is
considered. The original petition is disposed of
accordingly.
Sd/-
SATHISH NINAN
JUDGE
kns/-
//True Copy//
P.S. to Judge
OP(C).No.1785 OF 2020
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE PLAINT IN
O.S.NO.981/2020 ON THE FILED II ADDITIONAL
MUNSIFF COURT, THIRUVANANTHAPURAM.
EXHIBIT P2 THE TRUE COPY OF I.A.1/2020 IN
O.S.NO.981/2020 ON THE FILES OF II
ADDITIONAL MUNSIFF COURT,
THIRUVANANTHAPURAM.
EXHIBIT P3 THE TRUE COPY OF THE ORDER IN I.A.NO.1/2020
IN O.S.NO.981/2020 ON THE FILES II
ADDITIONAL MUNSIFF COURT,
THIRUVANANTHAPURAM.
EXHIBIT P4 THE TRUE COPY OF THE COMMISSION REPORT AND
SKETCH DATED 1.10.2020 IN O.S.NO.981/2020 ON
THE FILES OF THE II ADDITIONAL MUNSIFF
COURT, THIRUVANANTHAPURAM.
EXHIBIT P5 THE TRUE COPY OF THE OBJECTION FILED BY
DEFENDANT 1 AND 2 AGAINST THE INJUNCTION
APPLICATIONIN O.S.NO.981/2020 ON THE FILES
OF THEII ADDITIONAL MUNSIFF COURT,
THIRUVANANTHAPURAM.
EXHIBIT P6 THE TRUE COPY OF I.A.NO.4/2020 IN
O.S.NO.981/2020 ON THE FILES OF THE II
ADDITIONAL MUNSIFF COURT,
THIRUVANANTHAPURAM.
EXHIBIT P7 THE TRUE COPY OF I.A.NO.5/2020 IN
O.S.NO.981/2020 ON THE FILES OF THE II
ADDITIONAL MUNSIFF COURT,
THIRUVANANTHAPURAM.
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