Kerala High Court
Mixon I.J vs Radhakrishnan on 18 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 18TH DAY OF NOVEMBER 2021 / 27TH KARTHIKA, 1943
OP(C) NO. 1867 OF 2021
AGAINST THE ORDER/JUDGMENT IN CMA 43/2021 OF VI - ADDITIONAL DISTRICT
COURT, ERNAKULAM, ERNAKULAM
IA 2/2021 IN OS 519/2021 OF II ADDITIONAL MUNSIFF COURT, ERNAKULAM,
ERNAKULAM
PETITIONER/S/APPELLANT/RESPONDENT/DEFENDANT:
MIXON I.J.
AGED 46 YEARS, S/O. I.C JOSEPH, IKKARAPARAMBIL HOUSE,
THOPPIL, THRIKKAKARA P.O, VAZHAKKALA VILLAGE,KANAYANNOOR
TALUK, ERNAKULAM DISTRICT - 682021.
BY ADVS.
PAUL K.VARGHESE
A.A.GEETHA
RESPONDENT/S/RESPONDENTS/PETITIONERS/PLAINTIFFS:
1 RADHAKRISHNAN
AGED 74 YEARS, S/O. SANKARAN NAIR, KANNOTHKUNNEL,
ATTANIYEDATH ROAD, VENNALA P.O, EDAPPALLY SOUTH VILLAGE,
KANAYANNOOR TALUK, ERNAKULAM DISTRICT - 682028.
2 KRISHNAKUMARI.
AGED 57 YEARS
W/O.RADHAKRISHNAN, KANNOTHKUNNEL, ATTANIYEDATH ROAD,
VENNALA P.O, EDAPPALLY SOUTH VILLAGE, KANAYANNOOR TALUK,
ERNAKULAM DISTRICT - 682028.
BY ADVS.
C.N.SREEKUMAR
SABU P.JOSEPH
ANIL PRASAD
MANU HORMIS WILSON
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 18.11.2021,
ALONG WITH OP(C).1875/2021, 1881/2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
OP(C) NO. 1867, 1875 and 1881 OF 2021
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 18TH DAY OF NOVEMBER 2021 / 27TH KARTHIKA, 1943
OP(C) NO. 1875 OF 2021
AGAINST THE ORDER/JUDGMENT IN CMA 45/2021 OF VI ADDITIONAL
DISTRICT COURT,ERNAKULAM
IA 2/2021 IN OS 520/2021 OF II ADDITIONAL MUNSIFF COURT,
ERNAKULAM, ERNAKULAM
PETITIONER/S/APPELLANT/PETITIONER/PLAINTIFF:
MIXON I.J.
AGED 46 YEARS, S/O I.C.JOSEPH, IKKARAPARAMBIL
HOUSE, THOPPIL, THRIKKAKARA P.O.VAZHAKKALA VILLAGE,
KANAYANNOOR TALUK, ERNAKULAM DISTRICT-682 021
BY ADVS.
PAUL K.VARGHESE
A.A.GEETHA
RESPONDENT/S/RESPONDENTS/RESPONDENT/DEFENDANTS:
1 RADHAKRISHNAN
AGED 73 YEARS, S/O SANKARAN NAIR, KANNOTHKUNNEL,
ATTANIYEDATH ROAD, VENNALA P.O.EDAPPALLY SOUTH
VILLAGE, KANAYANNOOR TALUK, ERNAKULAM DISTRICT-682
028
2 S.SURESH MENON.
AGED 46 YEARS, S/O SANKARAN NAIR, MANGALAKUZHIYIL
HOUSE, ATTANIYEDATH ROAD, VENNALA P.O.EDAPPALLY
SOUTH VILLAGE, KANAYANNOOR TALUK, ERNAKULAM
DISTRICT-682 028
BY ADVS.
C.N.SREEKUMAR
K.M.SANAL
ANUP T PAUL
OP(C) NO. 1867, 1875 and 1881 OF 2021
3
SABU P.JOSEPH
ANIL PRASAD
MANU HORMIS WILSON
KAVYA RAJ
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
18.11.2021, ALONG WITH OP(C).1867/2021 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C) NO. 1867, 1875 and 1881 OF 2021
4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 18TH DAY OF NOVEMBER 2021 / 27TH KARTHIKA, 1943
OP(C) NO. 1881 OF 2021
AGAINST THE ORDER IN IA 3/2021 IN OS 519/2021 OF II
ADDITIONAL MUNSIFF COURT, ERNAKULAM, ERNAKULAM
PETITIONER/S/APPELLANT/RESPONDENT/DEFENDANT:
MIXON I.J.
AGED 46 YEARS
S/O. I.C JOSEPH, IKKARAPARAMBIL HOUSE, THOPPIL,
THRIKKAKARA P.O., VAZHAKKALA VILLAGE, KANAYANNOOR
TALUK, ERNAKULAM DISTRICT-682 021
BY ADVS.
PAUL K.VARGHESE
A.A.GEETHA
RESPONDENT/S/RESPONDENTS/PETITIONERS/PLAINTIFFS:
1 RADHAKRISHNAN
AGED 74 YEARS
S/O. SANKARAN NAIR, KANNOTHKUNNEL, ATTANIYEDATH
ROAD, VENNALA P.O., EDAPPALLY SOUTH VILLAGE,
KANAYANNOOR TALUK, ERNAKULAM DISRICT-682 028
2 KRISHNAKUMARI,
AGED 57 YEARS
W/O. RADHAKRISHNAN, KANNOTHKUNNEL, ATTANIYEDATH
ROAD, VENNALA P.O., EDAPPALLY SOUTH VILLAGE,
KANAYANNOOR TALUK, ERNAKULAM DISRICT-682 028
BY ADVS.
C.N.SREEKUMAR
SABU P.JOSEPH
OP(C) NO. 1867, 1875 and 1881 OF 2021
5
ANIL PRASAD
MANU HORMIS WILSON
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
18.11.2021, ALONG WITH OP(C).1867/2021 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C) NO. 1867, 1875 and 1881 OF 2021
6
JUDGMENT
[OP(C) Nos.1867/2021, 1875/2021, 1881/2021]
Having heard the learned Counsel at length, I am of the
considered opinion that the contentions raised herein should
be raised before the trial court and any order passed by this
Court, in exercise of the jurisdiction under Article 227 of the
Constitution of India, will have an impact on the discretion to
be exercised by the trial court. Hence, these Original
Petitions are closed, without prejudice to the right of the
parties to raise all contentions before the trial court.
Sd/-
V.G.ARUN
JUDGE
RK
OP(C) NO. 1867, 1875 and 1881 OF 2021
APPENDIX OF OP(C) 1875/2021
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE SALE DEED NO 2933/2008
EXECUTED BY SHEEJA K KATTIKARIAN IN
FAVOUR OF THE PETITIONER DATED 26.6.2008
Exhibit P2 A TRUE COPY OF THE TAX RECEIPT ISSUED BY
THE VILLAGE OFFICER, EDAPPALLY SOUTH
VILLAGE OFFICE TO THE PETITIONER DATED
26.2.2020
Exhibit P3 A TRUE COPY OF THE LOCATION SKETCH OF THE
PROPERTY
Exhibit P4 A TRUE COPY OF THE PLAINT IN OS NO
520/2021 ON THE FILE OF MUNSIFF COURT,
ERNAKULAM DATED 7.7.2021
Exhibit P5 A TRUE COPY OF THE TEMPORARY INJUNCTION
AS IA NO 2/2021 IN OS NO 520/2021 ON THE
FILE OF MUNSIFF COURT, ERNAKULAM DATED
7.7.2021
Exhibit P6 A TRUE COPY OF THE COUNTER AFFIDAVIT
FILED BY THE 1ST RESPONDENT IN IA NO
2/2021 IN OS NO 520/2021 ON THE FILE OF
MUNSFF COURT, ERNAKULAM DATED 10.7.2021
Exhibit P7 A TRUE COPY OF THE COUNTER AFFIDAVIT
FILED BY THE 2ND RESPONDENT IN OS NO
520/2021 ON THE FILE OF MUNSIFF COURT,
ERNAKULAM DATED 12.7.2021
Exhibit P8 A TRUE COPY OF THE COMMISSION REPORT IN
OS NO 520/2021 ON THE FILE OF MUNSIFF
COURT, ERNAKULAM DATED 20.7.2021
Exhibit P9 A TRUE COPY OF THE PLAINT IN OS NO
519/2021 ON THE FILE OF MUNSIFF COURT,
ERNAKULAM DATED 8.7.2021
Exhibit P10 A TRUE COPY OF THE MANDATORY INJUNCTION
PETITION AS IA NO 2/2021 IN OS NO
519/2021 ON THE FILE OF MUNSIFF COURT,
ERNAKULAM DATED 8.7.2021
Exhibit P11 A TRUE COPY OF THE TEMPORARY INJUNCTION
OP(C) NO. 1867, 1875 and 1881 OF 2021
PETITION AS IA NO 3/2021 IN OS NO
519/2021 ON THE FILE OF MUNSIFF COURT,
ERNAKULAM DATED 8.7.2021
Exhibit P12 A TRUE COPY OF THE COUNTER AFFIDAVIT
FILED BY THE PETITIONER IN IA NO 2/2021
IN OS NO 519/2021 DATED 4.8.2021
Exhibit P13 A TRUE COPY OF THE COUNTER AFFIDAVIT
FILED BY THE PETITIONER IN IA NO 3/2021
IN OS NO 519/2021
Exhibit P14 A TRUE COPY OF THE COMMISSIONER REPORT AS
WELL AS SKETCH IN OS NO 519/2021 ON THE
FILE OF MUNSIFF COURT, ERNAKULAM DATED
20.7.2021
Exhibit P15 A TRUE COPY OF THE COMMON ORDER OF THE
MUNSIFF COURT, ERNAKULAM IN IA NO 2/2021
IN OS NO 519/2021 AND IA NO 3/2021 IN OS
NO 519/2021 AND IA NO 2/2021 IN OS NO
520/2021 ON THE FILE OF MUNSIFF COURT
ERNAKULAM DATED 9.8.2021
Exhibit P16 A TRUE COPY OF THE COMMON ORDER IN CMA NO
43/2021, CMA NO 44/2021 AND CMA NO
45/2021 ON THE FILE OF DISTRICT COURT,
ERNAKULAM DATED 22.9.2021
OP(C) NO. 1867, 1875 and 1881 OF 2021
APPENDIX OF OP(C) 1881/2021
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE SALE DEED NO.2933/2008
EXECUTED BY SHEEJA J.KATHIKKARON INS
FAVOUR OF THE PETITIONER DATED 26.6.2008
Exhibit P2 A TRUE COPY OF THE TAX RECEIPT ISSUED BY
THE VILLAGE OFFICE, EDAPPALLY SOUTH
VILLAGE OFFICE TO THE PETITIONER DATED
26.2.2020
Exhibit P3 TRUE COPY OF THE LOCATION SKETCH OF THE
PROPERTY
Exhibit P4 A TRUE COPY OF THE PLAINT IN OS
NO.520/2021 ON THE FILE OF MUNSIFF COURT,
ERNAKULAM DATED 7.7.2021
Exhibit P5 A TRUE COPY OF THE TEMPORARY INJUNCTION
AS IA NO.2/2021 IN OS NO.520/2021 ON THE
FILE OF MUNSIFF COURT, ERNAKULAM DATED
7.7.2021
Exhibit P6 A TRUE COPY OF THE COUNTER AFFIDAVIT
FILED BY THE 1ST RESPONDENT IN IA
NO.2/2021 IN OS NO.520/2021 ON THE FILE
OF MUNSIFF COURT, ERNAKULAM DATED
10.7.2021
Exhibit P7 A TRUE COPY OF THE COUNTER AFFIDAVIT
FILED BY THE 2ND RESPONDENT IN IA
NO.2/2021 IN OS NO.520/2021 ON THE FILE
OF MUNSIFF COURT, ERNAKULAM DATED
12.7.2021
Exhibit P8 A TRUE COPY OF THE COMMISSION REPORT IN
NO.3/2021 N OS 520/2021 ON THE FILE OF
MUNSIFF COURT, ERNAKULAM DATED 20.7.2021
Exhibit P9 A TRUE COPY OF THE PLAINT IN OS
NO.519/2021 ON THE FILE OF MUNSIFF COURT,
ERNAKULAM DATED 8.7.2021
Exhibit P10 A TRUE COPY OF THE MANDATORY INJUNCTION
PETITION AS IA NO.2/2021 IN OS
NO.519/2021 ON THE FILE OF MUNSIFF COURT,
OP(C) NO. 1867, 1875 and 1881 OF 2021
ERNAKULAM DATED 8.7.2021
Exhibit P11 A TRUE COPY OF THE TEMPORARY INJUNCTION
PETITION AS IA NO.3/2021 IN OS
NO.519/2021 ON THE FILE OF MUNSIFF COURT,
ERNAKULAM DATED 8.7.2021
Exhibit P12 A TRUE COPY OF THE COUNTER AFFIDAVIT
FILED BY THE PETITION IN IA NO.2/2021 IN
OS NO.519/2021 DATED 4.8.2021
Exhibit P13 A TRUE COPY OF THE COUNTER AFFIDAVIT
FILED BY THE PETITIONER IN IA NO.3/2021
IN OS NO.519/2021
Exhibit P14 A TRUE COPY OF THE COMMISSION REPORT AS
WELL AS SKETCH IN OS NO.519/2021 ON THE
FILE OF MUNSIFF COURT, ERNAKULAM DATED
20.7.2021
Exhibit P15 A TRUE COPY OF THE COMMON ORDER OF THE
MUNSIFF COURT, ERNAKULAM IN IA NO.2/2021
IN OS NO.519/2021 AND IA NO.3/2021 IN OS
NO.519/2021 AND IA NO.2/2021 IN OS
NO.520/2021 ON THE FILE OF MUNSIFF COURT,
ERNAKULAM DATED 9.8.2021
Exhibit P16 A TRUE COPY OF THE COMMON ORDER IN CMA
NO.43/2021 , CMA NO.44/2021 AND CMA
NO.45/2021 ON THE FILE OF DISTRICT COURT,
ERNAKULAM DATED 22.9.2021
OP(C) NO. 1867, 1875 and 1881 OF 2021
APPENDIX OF OP(C) 1867/2021
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE SALE DEED NO.
2933/2008 EXECUTED BY SHEEJA K.
KARRIKARIL IN FAVOUR OF THE PETITIONER
DATED 26.06.2008.
Exhibit P2 A TRUE COPY OF THE TAX RECEIPT ISSUED BY
THE VILLAGE OFFICER, EDAPPALLY SOUTH
VILLAGE OFFICE TO THE PETITIONER DATED
26.02.2020.
Exhibit P3 TRUE COPY OF THE LOCATION SKETCH OF THE
PROPERTY.
Exhibit P4 A TRUE COPY OF THE PLAINT IN OS NO.
520/2021 OF THE FILE OF MUNSIFF COURT,
ERNAKULAM DATED 7.7.2021.
Exhibit P5 A TRUE COPY OF THE TEMPORARY INJUNCTION
AS I.A NO. 2/2021 IN O.S NO. 520/2021 ON
THE FILE OF MUNSIFF'S COURT, ERNAKULAM
DATED 7.7.2021.
Exhibit P6 A TRUE COPY OF THE COUNTER AFFIDAVIT
FILED BY THE 1ST RESPONDENT IN I.A NO.
2/2021 IN OS NO. 520/2021 ON THE FILE OF
MUNSIFF COURT, ERNAKULAM DATED
10.07.2021.
Exhibit P7 A TRUE COPY OF THE COUNTER AFFIDAVIT
FILED BY THE 2ND RESPONDENT. IN O.S. NO.
520/2021 ON THE FILE OF MUNSIFF COURT,
ERNAKULAM DATED 12.07.2021.
Exhibit P8 A TRUE COPY OF THE COMMISSION REPORT IN
OS NO. 520/2021 ON THE FILE OF MUNSIFF
COURT, ERNAKULAM DATED 20.07.2021.
Exhibit P9 A TRUE COPY OF THE PLAINT IN O.S NO.
519/2021 ON THE FILE OF MUNSIFF COURT,
ERNAKULAM DATED 8.7.2021.
Exhibit P10 A TRUE COPY OF THE MANDATORY INJUNCTION
PETITION AS IA NO. 2/2021 IN OS NO.
519/2021 ON THE FILE OF MUNSIFF COURT,
OP(C) NO. 1867, 1875 and 1881 OF 2021
ERNAKULAM DATED 8.7.2021.
Exhibit P11 A TRUE COPY OF THE TEMPORARY INJUNCTION
PETITIONER PETITION AS IA. NO.3/2021 IN
OS NO. 519/2021 ON THE FILE OF MUNSIFF
COURT, ERNAKULAM DATED 8.7.2021.
Exhibit P12 A TRUE COPY OF THE COUNTER AFFIDAVIT
FILED BY THE PETITIONER IN IA NO.2/2021
IN OS NO. 519/2021 DATED 4.8.2021.
Exhibit P13 A TRUE COPY OF THE COUNTER AFFIDAVIT
FILED BY THE PETITIONER IN IA NO.3/2021
IN O.S NO. 519/2021.
Exhibit P14 A TRUE COPY OF THE COMMISSIONER REPORT AS
WELL AS SKETCH IN O.S NO. 519/2021 ON THE
FILE OF MUNSIFF COURT, ERNAKULAM DATED
20.07.2021.
Exhibit P15 A TRUE COPY OF THE COMMON ORDER OF THE
MUNSIFF COURT, ERNAKULAM IN IA NO.2/2021
IN OS NO. 519/2021 AND I.A NO.3/2021 IN
OS NO. 519/2021 AND I.A NO.2/2021 IN O.S
NO.520/2021 ON THE FILE OF MUNSIFF COURT,
ERNAKULAM DATED 09.08.2021.
Exhibit P16 A TRUE COPY OF THE COMMON ORDER IN CMA
NO. 43/2021 CMA NO.44/2021 AND CMA NO.
45/2021 ON THE FILE OF DISTRICT,
ERNAKULAM DATED 22.09.2021.
