Kerala High Court
For Information Purpose Only vs Bhaskaran on 16 March, 2021
IA/1/2021 IN RFA 630/2016 1/6
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Present:
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
Tuesday,the 16th day of March 2021/25th Phalguna, 1942
IA/1/2021 IN RFA/630/2016
For information purpose only
OS No.168/2010 of the PRINCIPAL SUB COURT,
PALAKKAD
PETITIONERS/RESPONDENTS 1 TO 6 IN THE APPEAL
1. BHASKARAN
S/O RAMANKUTTY, AGED 58 YEARS, KOOTTALAPURAKKAL HOUSE,
KOTTEKKAD POST, PALAKKAD.
2. CHENTHAMARA @ KANNAN
AGED 48 YEARS, S/O.RAMANKUTTY, KOOTTALAPURAKKAL
HOUSE,KOTTEKKAD POST, PALAKKAD.
3. PUSHPALATHA,
D/O RAMANKUTTY, AGED 54 YEARS, KOOTTALAPURAKKAL
HOUSE,KOTTEKKAD POST, PALAKKAD.
4. SUSHEELA ,D/O RAMANKUTTY
AGED 50 YEARS, KOOTTALAPPURAKKAL HOUSE, KOTTEKKAD POST,
PALAKKAD.
5. LALITHA
D/O RAMANKUTTY, AGED 48 YEARS, KOOTTALAPURAKKAL
HOUSE,KOTTEKKAD POST, PALAKKAD.
6. KAMALAM
W/O RAMANKUTTY, AGED 73 YEARS, KOOTTALAPURAKKAL
HOUSE,KOTTEKKAD POST, PALAKKAD.
RESPONDENTS/APPELLANTS
1. MEENA,
W/O GOPI (GOVINDAKUTTY), NEAR AMRITHA SCHOOL,
THEKKEMKUNNAM, KOTTEKKAD P.O , PALAKKAD- 678732.
2. NALAN GOPI (MINOR)
S/O GOPI(GOVINDANKUTTY), AGED 11 YEARS, NEAR AMRITHA SCHOOL,
IA/1/2021 IN RFA 630/2016 2/6
THEKKEMKUNNAM,KOTTEKKAD, PALAKKAD.REPRESENTED BY THE
MOTHER AND NEXT FRIEND MEENA, W/O GOPI (GOVINDANKUTTY)&
D/O PONNUCHAMI, AGED 44 YEARS, NEAR AMRITHA SCHOOL,
THEKKEMKUNNAM, KOTTEKKAD P.O, PALAKKAD- 678732
3. ADARSH GOPI (MINOR)
S/O GOPI (GOVINDANKUTTY) AGED 7 YEARS, NEAR AMRITHA SCHOOL,
THEKKEMKUNNAM,KOTTEKKAD, PALAKKAD REPRESENTED BY THE
MOTHER AND NEXT FRIEND MEENA, W/O GOPI (GOVINDANKUTTY),&
For information purpose only
D/O PONNUCHAMI, AGED 44YEARS, NEAR AMRITHA SCHOOL,
THEKKEMKUNNAM,KOTTEKKAD P.O., PALAKKAD- 678732
Application praying that in the circumstances stated in the affidavit filed
therewith the High Court be pleased to permit the petitioners herein (respondents
1 to 6 in the appeal) to do renovation works to the residential house bearing
Door No.V/144 of Malampuzha Panchayath without there being any obstruction or
issues from the side of the respondents herein (appellant om RFA) and their
men, pending disposal of the above appeal.
This application coming on for orders upon perusing the application and the
affidavit filed in support thereof and this court's order dated 08/12/2016 in RFA
and upon hearing the arguments of M/S.K.I.MAYANKUTTY MATHER, JOSE
JOSEPH (CHEMPLAYIL), Advocates for the petitioner s/R1 to R6 in the RFA,
and of M/S SAJAN VARGHEESE K., LILLU L. KRISHNAN, LIJU. M.P, Advocates
for the respondents/ Petitioners in RFA, the court passed the following
p.t.o
MARY JOSEPH, J
======================
I.A.No.01 of 2021
in
R.F.A No.630 of 2016
=======================
Dated this the 16th day of March, 2021
For information purpose only
ORDER
This is an application filed in the above appeal under
Section 151 CPC seeking for permission to do the renovation
works to the residential house bearing Door No.V/144 of
Malampuzha Panchayath without there being any obstruction
or issues from the side of the respondents and their men
pending disposal of the above appeal. It has been stated in
the affidavit filed in support of the application that the 2 nd
petitioner and his family are residing with his mother in the
building which is sought to be renovated. Photographs of the
building are also appended to the petition on hand as
Annexures A to C with a view to apprise this Court of the
dilapidated condition of the building.
2. The building concerned is the subject matter of
O.S.No124 of 2011 tried and disposed off by the Principle Sub
Court, Palakkad alongwith O.S.No.168 of 2010 by a common
judgment dated 01.06.2016. The suit was for partition. The
petitioners in the suit claiming the allotment of 24 out of 42
I.A.No.01/2021
shares. By judgment and decree dated 01.06.2016, the suit
was decreed. It is submitted that the daughter of the 2nd
For information purpose only
petitioner is aged 23 years and proposal for marriage are
coming.
3. The respondents are only visiting the building
occasionally and the petitioners are prevented by them from
carrying out necessary renovation work in the building.
4. Mother of the 2nd petitioner is aged 78 years and is
having several age related ailments. Daughter of the 2 nd
petitioner is aged 23 years and the petitioner is desirous of
getting her married away. The marriage proposals are coming,
but in view of the dilapidated condition of the building, nothing
materialised so far. In the above context, permission is sought
to renovate the building so as to make it habitable.
5. Respondents in their counter statement denied the
averments of the petitioners. They are the wife and children of
the deceased brother of petitioners 1 to 5 and deceased son of
the 6th petitioner. After the demise of the husband, herself and
children were thrown out from the house. The building does
not require any maintenance work at present as it was in the
I.A.No.01/2021
same condition for the last so many years. It is contended that
renovation of the building is sought and it having the impact of
For information purpose only
changing the very structure of the building, ought not to have
been permitted.
6. This Court is convinced from Annexures A, B and C
photographs that presently the building is in a dilapidated
condition and not suitable for a decent accommodation.
Daughter of the 2nd petitioner being aged 23 years, marriage is
also imminent to happen. Therefore it is expedient in the
interest of justice to permit the petitioners to carry out
necessary repair works in the building so as to make it proper
and convenient for residence. Renovation work if permitted
would change the very nature of the building and being
opposed vehemently by the respondents, who are co-shares of
the building, this Court is declined to permit it. The learned
counsel for the petitioners has submitted that the petitioners
intend only to carry out some plastering works in the damaged
portions of the building.
In the result, petition is allowed in part. Petitioners are
permitted to carryout necessary plastering works in the
I.A.No.01/2021
damaged portions of the building and the respondents, their
men and agents shall not interfere with the process. It is
For information purpose only
observed that the repair works when carried out would not
entail any claim for the petitioners over the building.
Sd/-
MARY JOSEPH
JUDGE
NAB
H/o
/true copy/ Sd/- ASSISTANT REGISTRAR
