Kerala High Court
Visalakshi vs Lakshmi on 15 February, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
&
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
Tuesday, the 15th day of February 2022 / 26th Magha, 1943
IA.NO.2/2020 IN RFA NO. 32 OF 2020
OS 765/2012 OF PRINCIPAL SUB COURT, PALAKKAD.
PETITIONER/APPELLANT:
VISALAKSHI, AGED 51 YEARS, W/O.KUPPUSWAMY, RESIDING AT JAYASREE
HOTEL, KOLEPPADAM, KUNISSERY, ALATHUR, PALAKKAD-678681.
RESPONDENTS/RESPONDENTS:
1. LAKSHMI, AGED 71 YEARS, W/O.ARUMUGHAN MUTHALIYAR, KOLEPPADAM
KUNISSERY, ALATHUR, PALAKKAD- 678681.
2. MANIKANDAN, AGED 49 YEARS, S/O.ARUMUGHAN MUTHALIYAR, KOLEPPADAM,
KUNISSERY, ALATHUR, PALAKKAD- 678681.
3. PARVATHY, AGED 55 YEARS, W/O.CHITHAMBHARAN, RESIDING AT MADAMPARA,
KOLEPPADAM, KUNISSERY, ALATHUR, PALAKKAD- 678681.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to pass an interim
order of injunction restraining the respondents herein from alienating,
encumbering, inducting third parties and committing waste in the plaint
schedule properties till the disposal of the above case.
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and upon hearing the arguments
of SRI.T.M.CHANDRAN, SRI.S.SUJITH, Advocates for the petitioner and of
SRI.P.B.KRISHNAN, SRI.P.B.SUBRAMANYAN, SRI.SABU GEORGE, SMT.B.ANUSREE,
SMT.MEERA P. Advocates for R1 & R2, the court passed the following:
ANIL K. NARENDRAN & P.G. AJITHKUMAR, JJ.
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R.F.A.No.32 of 2020
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Dated this the 15th day of February, 2022
ORDER
Ajithkumar, J.
On 12.02.2020, this Court ordered consolidated notice to
the respondents, on the appeal as well as the C.M.Appl.No.1
of 2020. Notices were served on all the respondents.
Respondent Nos.1 and 2 appeared through their learned
counsel. Since service of consolidated notice on the 3 rd
respondent is complete, no further notice on the appeal is
required and the service of notice on the 3 rd respondent is
declared as complete.
I.A.No.2 of 2020
This is an application filed by the appellant seeking a
temporary order of injunction restraining the respondents
from alienating, encumbering, inducting third parties to or
committing any waste in the plaint schedule property till the
disposal of the appeal.
Respondent Nos.1 and 2 although entered appearance,
R.F.A.No.32 of 2020
did not choose to file any objection.
Heard the learned counsel for the applicant as well as
respondent Nos.1 and 2.
The suit is one for partition. The Principal Sub Court,
Palakkad, finding Ext.B1 Will propounded by the respondent
Nos.1 and 2 genuine, dismissed the suit. The judgment and
decree are now under challenge in this appeal.
Having heard the learned counsel appearing on both
sides and on perusal of the affidavit filed in support of the
application, we deem it appropriate to grant an order of
injunction. Hence, the interlocutory application is allowed and
the respondents are restrained from alienating, encumbering
or committing any waste in the plaint schedule property, till
the disposal of this appeal.
I.A.No.3 of 2020
As per judgment dated 20.10.2018, the Principal Sub
Court, Palakkad disposed of O.S.No.765 of 2012 and O.P.No.1
of 2016. This appeal was preferred challenging the judgment
and decree in O.S.No.765 of 2012. The appellant had also
R.F.A.No.32 of 2020
filed Appeal Suit No.75 of 2020 challenging the order in
O.P.No.1 of 2016 before the District Court, Palakkad. That
appeal is pending consideration. Since both these appeals
arose from a common judgment, it is only appropriate to hear
both the appeals by the same court. Therefore, we allow this
interlocutory application and A.S.No.75 of 2020 on the file of
the District Court, Palakkad is withdrawn to this Court for
being considered along with R.F.A.No.No.32 of 2020.
Registry to call for LCR.
Sd/-
ANIL K. NARENDRAN, JUDGE
Sd/-
P.G. AJITHKUMAR, JUDGE
dkr
15-02-2022 /True Copy/ Assistant Registrar
