Kerala High Court
O.S. No.88/1995 Of The Munsiff ... vs 51/2018 / Addl on 22 March, 2021
IA/2/2020 IN RSA 205/2020 1/5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Present:
THE HONOURABLE MR.JUSTICE N.ANIL KUMAR
Monday,the 22nd day of March 2021/1st Chaithra, 1943
For information purpose only
IA/2/2020 IN RSA/205/2020
A.S. No.51/2018 of the SUB COURT, PUNALUR.
O.S. No.88/1995 of the MUNSIFF COURT, PUNALUR.
PETITIONERS / APPELLANTS / RESPONDENTS 37 AND 38 IN A.S.
51/2018 / ADDL. DEFENDANTS 39 AND 40 IN O.S.88/95
1. SANTHAMMA, AGED 50 YEARS,
W/O JOHN, VIJAY BHAVAN, ARAMAPUNNA MURI, PUNALUR VILLAGE,
PIN - 691 322.
2. VIJAY, AGED 28 YEARS,
S/O JOHN, VIJAY BHAVAN, ARAMAPUNNA MURI, PUNALUR VILLAGE,
PIN - 691 322.
(2ND APPELLANT REPRESENTED BY POWER TO ATTORNEY HOLDER 1ST
APPELLANT)
RESPONDENTS / RESPONDENTS / APPELLANTS 1 AND 2 IN A.S.51/18 /
PLAINTIFFS 2 AND 3 IN O.S. 88/95
1. PRADEEPLAL, AGED ABOUT 52 YEARS,
S/O SIVANANDAN, VALIYAVEETIL VEEDU, ARAMPUNNA MURI,
PUNALUR VILLAGE, PIN - 691 322.
2. RAJALEKSHMI, AGED ABOUT 44 YEARS,
D/O INDIRA, VALIYAVEETIL VEEDU, ARAMPUNNA MURI, PUNALUR
IA/2/2020 IN RSA 205/2020 2/5
VILLAGE, PIN - 691 322.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to
restrain the respondents 1 and 2 herein by way of temporary
injunction from trespassing into the plots scheduled hereunder
For information purpose only
and from committing any waste therein and also fixing its
boundary and furthur from alienating any portion of the same,
till the disposal of this Regular 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 M. RAJENDRAN NAIR
(THONNALLOOR), A. D. SHAJAN, SREEJITH R. NAIR, Advocates for
the petitioner and of S. SREEKUMAR Senior Advocate along
with M/S. CYRIAC TOM, HARIKRISHNAN S., AJAY BEN JOSE,
MANJUNATH MENON, P. MARTIN JOSE, P. PRIJITH, R. GITHESH &
THOMAS P.KURUVILLA, Advocates for the respondents, the court
passed the following:
N. ANIL KUMAR, J.
-----------------------------------------
IA No. 2 of 2020
in
RSA No. 205 of 2020
-----------------------------------------
For information purpose only
Dated this the 22nd day of March, 2021
ORDER
This is an application to restrain the
respondents 1 and 2 from trespassing into the
plots scheduled in this IA and from committing
any waste therein and also fixing its boundary
and further from alienating any portion of the
same till the disposal of the RSA.
2. The suit is for declaration of title over the
plaint schedule item Nos. 8 and 9 properties
for recovery of possession of the said
properties and also for fixing the boundaries
of plaint schedule item No. 7 property and the
property belonging to the 30th defendant, for
structures, for fixation of boundaries of the
RSA No. 205 of 2020
..2..
plaint schedule item No. 1 property from the
property sold away from it, for making
corrections in the entries in the revenue
For information purpose only
records and also for consequential permanent
prohibitory injunction against the defendants
3 to 18 and 30.
3. When the appeal has come up for admission on
27.02.2020, this Court framed the following
substantial question of law for considering
the RSA;
"Since the respondents 1 and 2 have not
challenged Exts.B1 and B2 sale deeds and
accepted the same and have not sought for
setting aside the same, the judgment and decree
of the lower appellate court is not legally
sustainable?"
4. Since this Court framed substantial question
of law touching Exts.B1 and B2 sale deeds for
the disposal of the appeal, the learned
counsel for respondents 1 and 2, on
instructions, submits that the respondents 1
RSA No. 205 of 2020
..3..
and 2 have no intention to commit waste or to
alienate the property as apprehended.
Recording the submission of the learned
For information purpose only
counsel for the respondents 1 and 2, the IA
stands disposed of.
Sd/-
N. ANIL KUMAR
JUDGE
bka/-
/true copy/ Sd/- ASSISTANT REGISTRAR
