Kerala High Court
S.K.Sulochanan vs S. Aswani Kumar on 30 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 30TH DAY OF JULY 2021 / 8TH SRAVANA, 1943
OP(C) NO. 968 OF 2021
AGAINST THE ORDER/JUDGMENT IN IA 1/2021 IN CMA 9/2021 OF DISTRICT COURT
THIRUVANANTHAPURAM
PETITIONER/PETITIONER IN I.A. IN C.M.A./APPELLANT IN C.M.A/PLAINTIFF
IN O.S.:
S.K.SULOCHANAN
AGED 80 YEARS
S/O.SAROJA, SAROJA SADANAM, PERINGAMMALA, KALLIYOOR VILLAGE,
THIRUVANANTHAPURAM TALUK.
BY ADVS.
R.LAKSHMI NARAYAN
SMT.R.RANJANIE
RESPONDENT/RESPONDENT IN I.A. IN C.M.A/RESPONDENT IN C.M.A/DEFENDANT
IN O.S:
S. ASWANI KUMAR
AGED 33 YEARS
S/O.SURENDRAN, VENKADADRI, PERINGAMMALA, KALLIYOOR VILLAGE,
THIRUVANANTHAPURAM TALUK, PIN -695042
BY ADV P.VINODKUMAR
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 30.07.2021, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
OP(C) NO. 968 OF 2021
2
JUDGMENT
Dated this the 30th day of July 2021
The petitioner is the plaintiff in O.S.No.939 of
2020 on the files of the Additional Munsiff's Court-II,
Thiruvananthapuram. The prayer in the suit is for
recovery of possession of plaint 'C' schedule property
and for a permanent prohibitory injunction,
restraining the defendant from making any sort of
construction in the 'C' schedule. Ext.P2 application
for temporary prohibitory injunction filed by the
petitioner was dismissed vide Ext.P5 order.
Aggrieved, the petitioner has preferred Ext.P6 Civil
Miscellaneous Appeal. In the appeal, the petitioner
has filed Ext.P7 application for interim prohibitory
injunction.
2. This original petition is filed, aggrieved by
the delay in passing orders on Ext.P7 application. It
is alleged that utilizing the delay, the respondent is
trying to effect construction in 'C' schedule property.
OP(C) NO. 968 OF 2021
3. In his counter affidavit, the respondent
alleges that under the cover of the interim order
granted by this Court in the original petition, the
petitioner demolished the existing boundary wall.
The respondent therefore seeks permission to
reconstruct the boundary wall. The petitioner has
filed reply affidavit refuting the allegation.
The petitioner having resorted to the efficacious
alternative remedy of appeal against Ext.P5 order
and the appellate court being empowered to pass
interim orders, the original petition is liable to be
disposed of directing the District Court,
Thiruvananthapuram to pass orders on Ext.P7
application expeditiously. The Counsel on either side
undertake to get ready for hearing Ext.P7 on the next
posting date itself. The parties are hence directed to
produce a copy of this judgment before the District
Court, Thiruvananthapuram on 05.08.2021.
Thereupon, the appellate court shall hear and
dispose of Ext.P7 interlocutory application on the
earliest possible date.
OP(C) NO. 968 OF 2021
The interim order granted in the original petition is
vacated.
Ordered accordingly.
Sd/-
V.G.ARUN
JUDGE
NB/30.7.21
OP(C) NO. 968 OF 2021
APPENDIX OF OP(C) 968/2021
PETITIONER'S EXHIBITS
EXHIBIT P1 PHOTOCOPY OF THE PLAINT IN OS NO.939/2020
BEFORE THE MUNSIFF COURT, THIRUVANANTHAPURAM.
EXHIBIT P2 PHOTOCOPY OF THE AFFIDAVIT AND APPLICATION IA
NO.1/2020 IN OS NO.939/2020.
EXHIBIT P3 PHOTOCOPY OF THE COMMISSION REPORT DATED
28/9/2020 IN OS NO.939/2020.
EXHIBIT P4 PHOTOCOPY OF THE OBJECTION FILED BY THE
RESPONDENT TO EXT.P2.
EXHIBIT P5 PHOTOCOPY OF ORDER DATED 1/12/2020 IN
I.A.NO.1/2020 IN OS NO.939/2020.
EXHIBIT P6 PHOTOCOPY OF CMA NO.9/2021 PREFERRED BY THE
PETITIONER.
EXHIBIT P7 PHOTOCOPY OF THE APPLICATION IA NO.1/2021 IN
CAM NO.9/2021.
EXHIBIT P8 PHOTOCOPY OF THE STATUS OF CMA NO.9/2021
UPLOADED IN THE SITE OF THE DISTRICT COURT,
THIRUVANANTHAPURAM.
EXHIBIT P9 PHOTOCOPY OF THE OBJECTION PREFERRED BY THE
RESPONDENT TO EXT.P7.
EXHIBIT P10 PHOTOCOPY OF THE STATUS REPORT DATED 29/3/2021.
RESPONDENT'S EXHIBITS:
EXHIBITS R1(A) TRUE COPY OF THE F.I.R NO. 1061 OF 2021
REGISTERED BY THE NEMOM POLICE
True Copy
P.A to Judge
