K.X.Anil vs Sankara Pillai Vasu Pillai
2021 Latest Caselaw 9327 Ker

RSA 722/2019                                   1/3



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

                     Friday,the 19th day of March 2021/28th Phalguna, 1942
                               IA.1/2019 IN RSA.722/2019 (C)

           For information purpose only
AS No.3/2014 of the SUB COURT, CHERTHALA
OS No.82/2003 of the ADDITIONAL MUNSIFF COURT,CHERTHALA
PETITIONER/APPELLANT:
       K.X.ANIL,( 44),
       S/O.XEVIER CHARAMVELIYIL, KOTTILAKKATHU, AROOR PANCHAYATH,
       AROOR MURI, AROOR VILLAGE.
RESPONDENT/RESPONDENT:
       SANKARA PILLAI VASU PILLAI,[84],
       S/O.SANKARA PILLAI, KANDOTH VELIYIL, AROOR PANCHAYATH, AROOR
       MURI, AROOR VILLAGE.

         Application praying that in the circumstances stated in the affidavit filed therewith the
High Court be pleased to      pass an order of injunction restraining the respondents from
interfering with the right interest and possession of the appellant over the scheduled property
covered by the sale deed Exbt A1 or otherwise commit waste over the same.


         This application coming on for orders upon perusing the application and the affidavit
filed in support thereof, and upon hearing the arguments of SRI. V.R.KESAVA KAIMAL,
Advocate for the petitioner,the court passed the following:
                      N. ANIL KUMAR, J.

-------------------------------------------

R.S.A No.722 of 2019

-------------------------------------------- Dated this the 19th day of March, 2021.

     For information
                  O R Dpurpose
                        ER     only

Heard learned counsel for the appellant.

This R.S.A is admitted on the following substantial

questions of law.

1. From the proved facts, such as the judgment and

decree in Exts.A4 and A5 and also from Exts.B3 and

B4 judgment and decree in O.S.No.475 of 1997, can it

be said that the respondent is holding any property

over any portion of the land covered by Ext.A1 which

included the scheduled property?

2. From the proved facts such as Exts.B10, B11 and B12

did the respondent get any right or better title on any

portion of Ext.A1 property? Are all those facts covered

by Exts.B10, B11 and B12 relevant for consideration of

the question involved in the present suit?

3. From the proved facts does the respondent have any

privity contract or is he privy to any of Exts.B10, B11 R.S.A No.722 of 2019

and B12? Can it be said that a court of law can negate

any right of the appellant at the instance of the

respondent / stranger to Ext.A1? For information purpose only I.A.No.1 of 2019

Heard the learned counsel for the appellant.

The parties are directed to maintain status quo as reported

by the Commissioner in Exts.C1 to C3 (a) for a period of three

months.

R.S.A

Issue notice.

Post after summer vacation.

Sd/-

N.ANIL KUMAR JUDGE

DK

/true copy/ Sd/- ASSISTANT REGISTRAR