Philip Thomas vs Philipose Vargheese
2021 Latest Caselaw 10609 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

            THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR

  MONDAY, THE 29TH DAY OF MARCH 2021 / 8TH CHAITHRA, 1943

                     OP(C).No.1630 OF 2020

            CMA 4/2020 DATED 16-09-2020 OF DISTRICT
                     COURT,PATHANAMTHITTA

          OS 396/2019 OF MUNSIFF COURT,PATHANAMTHITTA


PETITIONER/APPELLANT:

             PHILIP THOMAS, AGED 72 YEARS
             S/O. P.P. THOMAS, RESIDING AT THENGUMCHERIL
             KARIMPILAYA HOUSE, UTHIMOODU P.O, MYLAPRA
             VILLAGE, KONNI TALUK, PATHANAMTHITTA-689672,
             REPRESENTED BY THE POWER OF ATTORNEY RAJAN
             GEORGE, AGED 57,
             S/O. E.K. GEORGE, OTTAPLAMOOTTIL HOUSE, OMALLOOR
             VILLAGE, KOZHENCHERY TALUK, PATHANAMTHITTA 689
             647.

             BY ADVS.
             SRI.R.RAJASEKHARAN PILLAI
             SMT.SABINA JAYAN
             DR.SHERINE JOSEPH

RESPONDENTS/RESPONDENTS 1 & 2:

      1      PHILIPOSE VARGHEESE
             AGED 81 YEARS
             S/O. PHILIPOSE, THENGUMCHERIL KARIMPILAYA HOUSE,
             UTHIMOODU P.O, MYLAPRA VILLAGE, KONNI TALUK,
             PATHANAMTHITTA 689 672, NOW RESIDING AT 4/12
             ASSISI NAGAR, PLL ROAD, SHIVAJI NAGAR P.O,
             CHEMBUR TOWN, MUMBAI 43, 400043.
 O.P.(C)No.1630 of 2020

                            :-2-:

      2     MATHAI THOMAS,
            S/O. T.P. THOMAS THENGUMCHERIL KARIMPILAYA
            HOUSE, THIMOODU P.O, MYLAPRA VILLAGE, KONNI
            TALUK, PATHANAMTHITTA 689 672, NOW RESIDING AT
            53, HOUSING BOARD COLONY, OPP. RAILWAY STATION,
            CHANGANASSERY 686 101

      *      SYAMA VIJAYAN, AGED 35 YEARS,
      ADDL.3 W/O.MANOJ K C, NOW RESIDING AT KALAYIL HOUSE,
             UTHIMOODU P O, UTHIMOODU, PATHANAMTHITTA-689672,
             FROM KALAYIL HOUSE, NARANAMOOZHI, MANNATHAMON.
             IS IMPLEADED AS ADDL.R3, VIDE ORDER DTD
             23.3.2021 IN IA 1/2021.

            R1-2 BY ADV. SRI.G.UNNIKRISHNAN
            R1-2 BY ADV. SRI.K.SANEESH KUMAR

     THIS  OP  (CIVIL)   HAVING     BEEN   FINALLY  HEARD    ON
29.03.2021, THE COURT    ON THE     SAME   DAY DELIVERED    THE
FOLLOWING:
 O.P.(C)No.1630 of 2020

                                    :-3-:

          Dated this the 29th day of March, 2021


                             J U D G M E N T

I heard the learned counsel for the

petitioner/first defendant in the suit as well as

respondents 1 and 2.

2. The sole request canvassed by the learned

counsel for the petitioner in this original

petition is to clarify that Ext.P10 order of status

quo dated 16.09.2020 does not in any way affect

plaint schedule item No.2 in the suit. In this

respect, he drew my attention to Ext.P2 application

filed by the original plaintiff for temporary

injunction. The limited prayer made in Ext.P2 is to

the effect that defendants 1 to 3 and their men may

be restrained by an order of injunction from

trespassing upon plaint item No.1 alone.

Necessarily therefore, the order passed by the

court of first instance as well as the appellate O.P.(C)No.1630 of 2020

:-4-:

court ought to stand limited to plaint item No.1.

The request made in this original petition appears

to be lawful and sound.

In the result, the original petition is

disposed of making it clear that the order of

status quo passed by the court below shall stand

confined only to plaint item No.1. It does not in

any way affect the plaint item No.2. The court

below may dispose of the suit itself as

expeditiously as possible, as suggested by the

lower appellate court in the impugned judgment

passed in C.M.A.No.04/2020.

All pending interlocutory applications are

closed.

Sd/-

T.V.ANILKUMAR JUDGE ami/ O.P.(C)No.1630 of 2020

:-5-:

APPENDIX

PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE PLAINT IN OS NO.

396/2019 FILED BY THE 1ST RESPONDENT BEFORE THE MUNSIFFS COURT, PATHANAMTHITTA.

EXHIBIT P2 TRUE COPY OF IA NO. 1567/2019 FILED BY THE 1ST RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE ORDER DATED 5.10.2019 IN IA NO. 1567/2019 IN OS NO. 396/19 OF MUNSIFFS COURT PATHANAMTHITTA.

EXHIBIT P4 TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER IN OS NO. 396/2019

EXHIBIT P5 TRUE COPY OF THE SALE AGREEMENT MADE BY THE PETITIONER.

EXHIBIT P6 TRUE COPY OF THE ORDER DATED 21.12.2019 IN IA NO. 1567/2019 IN OS NO. 396/19 OF MUNSIFFS COURT PATHANAMTHITTA.

EXHIBIT P7 TRUE COPY OF THE CMA NO. 4/2020 BEFORE THE DISTRICT COURT, PATHANAMTHITTA FILED BY THE PETITIONER.

EXHIBIT P8 TRUE COPY OF IA NO. 1/2020 IN CMA NO.

4/2020 DATED 17.1.2020 FILED BY THE PETITIONER BEFORE THE DISTRICT COURT, PATHANAMTHITTA.

EXHIBIT P9 TRUE COPY OF THE ORDER DATED 12.2.2020 OF THIS HON'BLE COURT, IN OP(C) NO.411/2020

EXHIBIT P10 TRUE COPY OF THE ORDER DATED 16.9.2020 OF THE DISTRICT COURT, PATHANAMTHITTA IN CMA NO. 4/2020