Dr. K.A Khader vs Maysumma
2022 Latest Caselaw 9789 Ker

                            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                                  PRESENT
                              THE HONOURABLE MRS. JUSTICE M.R.ANITHA

                         Friday, the 26th day of August 2022 / 4th Bhadra, 1944
                                 IA.NO.1/2022 IN RSA NO. 279 OF 2022
                       OS 382/2016 OF PRINCIPAL MUNSIFF COURT, KASARAGOD
                                AS 30/2019 OF SUB COURT, KASARAGOD
PETITIONER/APPELLANT:

       DR. K.A KHADER, AGED 74 YEARS, S/O. K.P.SAYED, RESIDING AT PEOPLES HOUSE,
       KUNJATHOOR VILLAGE AND POST, MANJESHWAR TALUK, KASARAGOD DISTRICT.

RESPONDENTS/RESPONDENTS:

   1. MAYSUMMA, AGED 35 YEARS, D/O. ABDULLA DILDAR, RESIDING AT NEAR FIRST RAILWAY
       SIGNAL, UDYAWAR VILLAGE AND POST, MANJESHWAR TALUK, KASARAGOD DISTRICT - 671
       323.
   2. ABDULLA DILDAR, AGED 60 YEARS, SON OF HASSAN, RESIDING AT NEAR FIRST RAILWAY
       SIGNAL, UDYAWAR VILLAGE AND POST, MANJESHWAR TALUK, KASARAGOD DISTRICT - 671
       323.

       Application praying that in the circumstances stated in the affidavit filed therewith the High
Court be pleased to pass an order of temporary injunction restraining the respondents from
committing trespass to the petition A schedule property and from committing waste and damage
thereon and also to restrain the respondents from interfering with the peaceful possession and
enjoyment of the petition A schedule property by the petitioner pending disposal of the above
Regular Second Appeal,so as to secure the ends of justice.
       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.T.MADHU, C.R.SARADAMANI, Advocates for
the petitioner, the court passed the following:
                                   M.R.ANITHA , J.
                       ---------------------------------------------
                                R.S.A No. 279 of 2022
                       ---------------------------------------------
                      Dated this the 26th day of August, 2022.

                                         ORDER

Admit. Issue notice to respondents

Substantial question of law is formulated as follows;

1. Whether the disposal of the suit by the 1 st appellate court on the ground that the

property is not identified is legal and proper ?

2. Whether the judgment and decree passed by the 1 st appellate court is perverse

due to misappreciation of evidence ?

I.A.No.1 of 2022

This is an application to pass an order of temporary injunction restraining the

respondents from committing trespass to the petition A schedule property and from

committing waste and damage thereon and also to restrain the respondents from

interfering with the peaceful possession and enjoyment of the petition A schedule

property by the petitioner.

There will be an direction to maintain status quo as on the date of decree

passed by the 1st appellate court by the parties.

Sd/-

  rps/                                                M.R.ANITHA, JUDGE




26-08-2022                      /True Copy/                              Assistant Registrar