Rajan vs S.M.Fahim
2021 Latest Caselaw 14436 Ker

  OP(C).918/21                       1

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                    THE HONOURABLE MR.JUSTICE V.G.ARUN
     TUESDAY, THE 13TH DAY OF JULY 2021 / 22ND ASHADHA, 1943
                          OP(C) NO. 918 OF 2021
 AGAINST THE ORDER/JUDGMENT IN OS 540/2016 OF PRINCIPAL MUNSIFF
                        COURT, PALAKKAD, PALAKKAD
PETITIONER/S:

    1       RAJAN
            AGED 55 YEARS
            S/O. GOPALAN, CHATHAPURAKKAL HOUSE,VADAKKUMURI,
            KALMANDAPAM, PALAKKAD, KERALA-678 001

    2       JIJI,
            AGED 30 YEARS
            S/O. RAJAN, CHATHAPURAKKAL HOUSE, VADAKKUMURI,
            KALMANDAPAM, PALAKKAD, KERALA -678 001

    3       JEENA,
            AGED 27 YEARS
            D/O. RAJAN, CHANTHAPURAKKAL HOUSE, VADAKKUMURI,
            KALMANDAPAM, PALAKKAD, KERALA-678 001

    4       SREEDHARAN,
            AGED 48 YEARS
            S/O. GOPALAN, CHATHAPURAKKAL HOUSE, VADAKKUMURI,
            KALMANDAPAM, PALAKKAD, KERALA-678 001

    5       DEVAN,
            AGED 45 YEARS
            S/O. GOPALAN, CHATHAPURAKKAL HOUSE, VADAKKUMURI,
            KALMANDAPAM, PALAKKAD, KERALA -678 001

            BY ADV M.R.SARIN



RESPONDENT/S:

    1       S.M.FAHIM
            AGED 45 YEARS
            S/O. S.M.S MOHISIN, METRO MANZIL, NOORANI ROAD,
   OP(C).918/21                      2

            PALAKKAD-678 001

    2       KANNAN (KANAPPAN),
            S/O. KOSSU @ GOPALAN, CHATHAPURAKKAL HOUSE,
            VADAKKUMURI, KALMANDAPAM, PALAKKAD, KERALA-678 001

    3       PANKAJAM,
            W/O. GOPALAN, CHATHAPURAKKAL HOUSE, VADAKKUMURI,
            KALMANDAPAM, PALAKKAD, KERALA -678 001

    4       SANTHOSH,
            S/O.KANNAN, CHATHAPURAKKAL HOUSE,VADAKKUMURI,
            KALMANDAPAM, PALAKKAD, KERALA-678 001

            BY ADVS.
            RAJESH SIVARAMANKUTTY
            K.V.ANTONY
            ARUL MURALIDHARAN




     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 13.07.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
   OP(C).918/21                           3



                                V.G.ARUN, J.
                 -----------------------------------------------
                         O.P(C).No. 918 of 2021
                 -----------------------------------------------
                 Dated this the 13th day of July, 2021

                                 JUDGMENT

The petitioners are defendants 4 and 6 to 9 in O.S.No.540 of 2016

pending before the Munsiff's Court, Palakkad. The prayer in the suit

filed by the 1st respondent herein is for a permanent prohibitory

injunction restraining the defendants and their men from trespassing

upon the plaint schedule property and from obstructing the plaintiff's

peaceful possession and enjoyment of the property. Along with the suit

the 1st respondent sought an interim injunction by filing I.A.No.2355 of

2016. The trial court allowed the application vide Exhibit P3 order and

restrained the defendants from trespassing into the plaint schedule

property and from causing any mischief therein. Aggrieved by the

order the petitioners preferred a Civil Miscellaneous Appeal, which

stands dismissed by Exhibit P5 judgment. This original petition is filed

assailing the concurrent findings of the trial and appellate courts.

2. I heard Sri.M.R.Sarin Panicker, learned counsel for the

petitioners and Sri.Rajesh Sivaramankutty, learned counsel for the 1 st

respondent.

3. Despite the forceful submissions of the learned counsel for the

petitioners, I am unable to find any valid ground for upsetting the

concurrent findings of the court below. The injunction order was passed

after careful consideration of all relevant factors and the findings are

affirmed by the appellate court. In the absence of any glaring infirmity,

this Court will not upset those findings in exercise of the supervisory

jurisdiction under Article 227 of the Constitution of India.

In the result, the original petition is dismissed.

Sd/-

V.G.ARUN, JUDGE

vgs

APPENDIX OF OP(C) 918/2021

PETITIONER EXHIBITS

EXHIBIT P1 THE TRUE COPY OF THE PLAINT IN OS NO.

540/2016 BEFORE MUNSIFF COURT, PALAKKAD DATED 25.6.2016.

EXHIBIT P2 THE TRUE COPY OF THE LIST DOCUMENT IN IA 2355/16 IN OS NO. 540/2016 ON MUNSIFF COURT PALAKKAD FILED BY THE PETITIONERS.

EXHIBIT P3 THE TRUE COPY OF THE ORDER IN IA 2355/16 IN OS NO. 540/2016 PASSED BY MUNSIFF COURT PALAKKAD DATED 05.01.2017

EXHIBIT P4 THE TRUE COPY OF THE IN CMA NO. 12/2017 BEFORE THE ADDL. DISTRICT JUDGE-V, PALAKKAD FILED BY THE PETITIONERS 1 TO 5 AND RESPONDENTS 2 TO 4

EXHIBIT P5 THE TRUE COPY OF THE JUDGMENT IN CMA NO.12/2017 BEFORE THE ADDL. DISTRICT JUDGE- V, PALAKKAD DATED 27.01.2021.