Remanan vs Chithran
2021 Latest Caselaw 7641 Ker

RSA 497/2018                            1/4



                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      Present:
                 THE HONOURABLE MR.JUSTICE N.ANIL KUMAR

               Thursday,the 4th day of March 2021/13th Phalguna, 1942
                       IA.NO.1/2021 IN RSA No.497/2018 (A)

    For information purpose only
OS No.628/2012 of the ADDITIONAL MUNSIFF COURT, ALAPPUZHA
AS No.43/2015 of the II ADDITIONAL DISTRICT COURT,ALAPPUZHA
PETITIONER/APPELLANT:

      REMANAN,
      AGED 51 YEARS, S/O. PURUSHOTHAMAN, MANNUMPURATH HOUSE,
      KELATH WARD, ARYAD SOUTH VILLAGE, ALAPPUZHA DISTRICT.



RESPONDENTs/RESPONDENTS:

1. CHITHRAN,
    S/O. KORU, THYPPARAMBIL HOUSE, VATTAYAL WARD, ALAPPUZHA
    WEST VILLAGE, ALAPPUZHA - 688 011.

2. REVAMMA
     W/O. CHITHRAN, THYPPARAMBIL HOUSE, VATTAYAL
     WARD, ALAPPUZHA WEST VILLAGE, ALAPPUZHA - 688 011.

3. RAJANISH,
     S/O. CHITHRAN, THYPPARAMBIL HOUSE, VATTAYAL
     WARD, ALAPPUZHA WEST VILLAGE, ALAPPUZHA - 688 011.

     Application praying that in the circumstances stated in the affidavit filed
therewith the High Court be pleased to issue a temporary injunction restraining
the respondents from interfering with the possession and enjoyment of the
petition/plaint schedule property, committing waste or mischief thereon or
encroaching upon the plaint schedule property in any manner pending disposal of
the Second Appeal.
    This application coming on for orders upon perusing the application and the
affidavit filed in support thereof, and upon hearing the arguments of M/S .
S.SANAL KUMAR,BHAVANA V,T.J.SEEMA, Advocates for the petitioner and of
 RSA 497/2018                       2/4

SRI.SIBI THOMAS JACOB, Advocate for the Respondents, the court passed the
following:




    For information purpose only
 RSA 497/2018                               3/4




                                 N. ANIL KUMAR, J.
                        -------------------------------------------
                               R.S.A.No.497 of 2018
                       ---------------------------------------------
                      Dated this the 4th day of March, 2021
                                        ORDER

    For     information purpose only
I.A. No.1 of 2021

This RSA is filed against the judgment and decree in A.S.No.43/2015 of the

District Court, Alappuzha, whereby the judgment and decree in O.S.No.25/1993

of the Principal Sub Court, Alappuzha was confirmed.

2. The suit was filed for permanent prohibitory injunction against trespass and

committing waste therein. Both the Trial Court and the Appellate Court concurrently entered a finding that the plaintiff/appellant has not been in

possession of the suit property on the date of suit and the plaintiff has no valid

cause of action to institute the suit.

3. During the pendency of the appeal, the appellant/plaintiff filed the present

application restraining the respondents from interfering with the possession and

enjoyment of the plaint schedule property, committing waste or mischief thereon

or encroaching upon the plaint schedule property in any manner, pending

disposal of the second appeal.

4. In view of the concurrent finding of the Trial Court and Appellate Court that

the appellant/plaintiff has not been in the possession of the suit property on the

date of suit, it is not just and proper to grant an interim injunction in exercise of

the powers under Order XXXIX Rule 1 of the Code of Civil Procedure protecting

possession of the plaintiff over the plaint schedule property. However,

respondents 1 and 2 have no manner of right to commit waste or mischief

thereon, until the appeal is decided on merits.

5. In the result, I.A.No.1 of 2021 is allowed in part. The

respondents/defendants are restrained from committing waste or mischief in the

plaint schedule property, till the regular second appeal is decided on merits. In RSA 497/2018 4/4

view of urgency, post the appeal for final hearing on merits, on 24.03.2021.

Sd/-

N. ANIL KUMAR, JUDGE kkj

/true copy/ Sd/-

For information purpose only ASSISTANT REGISTRAR