Bhanu vs Sait Aanandji Kalyanji Jain ...
2022 Latest Caselaw 2103 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
           THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
 THURSDAY, THE 24TH DAY OF FEBRUARY 2022 / 5TH PHALGUNA,
                                   1943
                          OP(C) NO. 2602 OF 2016
 AGAINST THE ORDER/JUDGMENT IN OS 202/2014 OF ADDITIONAL
                      MUNSIFF COURT, KOZHIKODE-I
PETITIONERS/DEFENDANTS:

    1          BHANU, AGED ABOUT 51 YEARS,
               D/O.LATE MARATHE B.KITTAPPU, 12/830,
               KASTOORI PARAMBA, JAIN TEMPLE COLONY,
               NAGARAM AMSOM DESOM,
               KOZHIKODE TALUK, KOZHIKODE-673 001.

    2          DAYANANDAN, AGED ABOUT 46 YEARS,
               S/O.LATE MARATHE B.KITTAPPU, 12/830,
               KASTOORI PARAMBA, JAIN TEMPLE COLONY,
               NAGARAM AMSOM DESOM, KOZHIKODE TALUK,
               KOZHIKODE-673 001.

               BY ADV. SRI.NIRMAL. S

RESPONDENT:

SAIT AANANDJI KALYANJI JAIN TEMPLE TRUST, REP. BY ITS MANAGING TRUSTEE, RAMESH BAHILAL MEHTA, AGED 62 YEARS, S/O.BAHAILAL MOTILAL MEHTA, JAIN TEMPLE COMPOUND, TRIKOVIL LANE, NAGARAM AMSOM DESOM, KOZHIKODE TALUK-673 001.

BY ADV.SRI.JACOB ABRAHAM

THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 24.02.2022, ALONG WITH OP(C).2603/2016, 2604/2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C) Nos.2602, 2603 & 2604 of 2016

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN THURSDAY, THE 24TH DAY OF FEBRUARY 2022 / 5TH PHALGUNA,

OP(C) NO. 2603 OF 2016 AGAINST THE ORDER/JUDGMENT IN OS 201/2014 OF ADDITIONAL MUNSIFF COURT, KOZHIKODE-I PETITIONER/DEFENDANT:

RAMESH, AGED ABOUT 48 YEARS, S/O.MARATHE C.H.NARAYANAN, 12/827, KASTOORI PARAMBA, JAIN TEMPLE COLONY, NAGARAM AMSOM DESOM, KOZHIKODE TALUK, KOZHIKODE-673 001.

BY ADV SRI.NIRMAL. S

RESPONDENTS/PLAINTIFFS:

SAIT AANANDJI KALYANJI JAIN TEMPLE TRUST, REP.BY ITS MANAGING TRUSTEE, RAMESH BAHILAL MEHTA, AGED 62 YEARS, S/O.BAHAILAL MOTILAL MEHTA, JAIN TEMPLE COMPOUND, TRIKOVIL LANE, NAGARAM AMSOM DESOM, KOZHIKODE TALUK-673 001.

BY ADV SRI.JACOB ABRAHAM

THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 24.02.2022, ALONG WITH OP(C).2602/2016 AND 2604/2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C) Nos.2602, 2603 & 2604 of 2016

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN THURSDAY, THE 24TH DAY OF FEBRUARY 2022 / 5TH PHALGUNA,

OP(C) NO. 2604 OF 2016 AGAINST THE ORDER/JUDGMENT IN OS 200/2014 OF ADDITIONAL MUNSIFF COURT, KOZHIKODE-I PETITIONERS/DEFENDANTS:

1 BEENA, AGED ABOUT 37 YEARS, D/O. M.B.BALAKRISHNAN, 12/828, KASTOORI PARAMBA, JAIN TEMPLE COLONY, NAGARAM AMSOM DESOM, KOZHIKODE TALUK, KOZHIKODE - 673 001.

2 BABY, AGED ABOUT 36 YEARS, D/O. M.B.BALAKRISHNAN, 12/828, KASTOORI PARAMBA, JAIN TEMPLE COLONY,NAGARAM AMSOM DESOM, KOZHIKODE TALUK, KOZHIKODE - 673 001.

BY ADV. SRI.NIRMAL. S

RESPONDENT/PLAINTIFF:

SAIT ANANDJI KALYANJI JAIN TEMPLE TRUST, AGED 62 YEARS, REP.BY ITS MAANGING TRUSTEE, RAMESH BAHILAL MEHTA, AGED 62 YEARS, S/O.BAHAILAL MOTILAL MEHTA, JAIN TEMPLE COMPOUND, TRIKOVIL LANE, NAGARAM AMSOM DESOM, KOZHIKODE TALUK - 673 001.

BY ADV. SRI.JACOB ABRAHAM

THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 24.02.2022, ALONG WITH OP(C).2602/2016 AND 2603/2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C) Nos.2602, 2603 & 2604 of 2016

COMMON JUDGMENT

These Original Petitions have been

filed under Article 227 of the Constitution of

India by the defendants in O.S.Nos.200/2014,

201/2014 and 202/2014 before the Additional

Munsiff Court-I, Kozhikode. They have

challenged respective orders of the learned

Munsiff and, thereby the petitioners plea to

refer the matter before the Land Tribunal to

find right of kudikidappu claimed by them,

were dismissed by the learned Munsiff.

2. Heard both sides in detail.

3. It is submitted by the learned counsel

for the respondents/plaintiffs that in this

matter ex-parte decree already passed and

nothing survives to be adjudicated. However,

it is submitted by the learned counsel for the

petitioners that in all three suits, petitions

filed by the petitioners to set aside ex-parte OP(C) Nos.2602, 2603 & 2604 of 2016

decree are pending and the same stand posted

to 05.03.2022.

4. As things stands now, reference as

sought for herein after setting aside the

impugned orders, would arise only if the trial

court set aside the ex-parte decrees in all

the three suits.

Therefore, I am inclined to dispose of

these petitions with liberty to the

petitioners to file fresh Original Petitions

before this Court, in the event the ex-parte

decree will be set aside by the trial court.

Accordingly, these Original Petitions

stands disposed of as above.

Sd/-

A.BADHARUDEEN, JUDGE.

ww OP(C) Nos.2602, 2603 & 2604 of 2016

APPENDIX OF OP(C) 2602/2016

PETITIONERS' EXHIBITS:

EXHIBIT P1 : TRUE COPY OF THE PLAINT IN OS 202/2014 DATED 7-4-2014.

EXHIBIT P2 : TRUE COPY OF THE WRITTEN STATEMENT DATED 22-8-2014.

EXHIBIT P3 : TRUE COPY OF THE ORDER IN PRELIMINARY POINT IN OS 202/2014 DATED 4-7-2016. OP(C) Nos.2602, 2603 & 2604 of 2016

APPENDIX OF OP(C) 2603/2016

PETITIONERS' EXHIBITS:

EXHIBIT P1 : TRUE COPY OF THE PLAINT IN OS 201/2014 DATED 7-4-2014.

EXHIBIT P2 : TRUE COPY OF THE WRITTEN STATEMENT IN O.S.201/2014 DATED 22-8-2014.

EXHIBIT P3 : TRUE COPY OF THE ORDER IN PRELIMINARY POINT IN OS 201/2014 DATED 4-7-2016. OP(C) Nos.2602, 2603 & 2604 of 2016

APPENDIX OF OP(C) 2604/2016

PETITIONERS' EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE PLAINT IN OS 200/2014 DATED 07.4.2014.

EXHIBIT P2        TRUE COPY OF THE ORDER IN PRELIMINARY
                  POINT     IN    O.S.200/2014    DATED
                  22.08.2014.

EXHIBIT P3        TRUE COPY OF THE ORDER IN PRELIMINARY

POINT IN O.S.200/2014 DATED 04.7.2016.