M. Chandran vs Santhakumari
2022 Latest Caselaw 7255 Ker

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                   THE HONOURABLE MRS. JUSTICE M.R.ANITHA
           Thursday, the 23rd day of June 2022 / 2nd Ashadha, 1944
                     IA.NO.3/2022 IN RSA NO. 79 OF 2022
                      AS 80/2015 OF SUB COURT, MANJERI
                    OS 59/2005 OF MUNSIFF COURT, MANJERI
PETITIONERS/APPELLANTS IN RSA:

  1. M. CHANDRAN,AGED 72 YEARS,SON OF KARAPPAN, MUTHUVEETTIL HOUSE,
     MUNDUPARAMBA (P.O), MALAPPURAM DISTRICT, PIN - 676 509.
  2. M.MOHANDAS,AGED 56 YEARS,SON OF KARAPPAN, MUTHUVEETTIL HOUSE,
     MUNDUPARAMBA (P.O), MALAPPURAM DISTRICT, PIN - 676 509.

RESPONDENTS/RESPONDENTS 1 AND 2 IN THE RSA:

  1. SANTHAKUMARI AGED 68 YEARS DAUGHTER OF KARAPPAN, KARTHIKA NIVAS,
     NEAR M.S.P.H.S.S., MALAPPURAM (P.O.), MALAPPURAM DISTRICT, PIN - 676
     505.
  2. M.SHAJIMON,AGED 46 YEARS,SON OF MANGALASSERY VELUKUTTY, KARTHIKA
     NIVAS, NEAR M.S.P.H.S.S., MALAPPURAM (P.O), MALAPPURAM DISTRICT, PIN
     - 676 505.

     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to issue an order of
temporary     injunction      restraining     the    respondents     from
alienating,encumbering or committing acts of waste in the properties
scheduled as item numbers 5 to 7 of Schedule II to the plaint in OS No 59
of 2005 on the file of the court of the Munsiff of Manjeri,pending
disposal of the above 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 RAJESH R.KORMATH, Advocate for the petitioners, the court passed the
following:
                             M.R.ANITHA, J.
               -----------------------------------------------
                          R.S.A. No.79 of 2022
               -----------------------------------------------
                 Dated this the 23rd day of June, 2022

                                  ORDER

Admit.

Issue notice to the respondents.

Substantial question of law formulated as follows:

(i) Has not the court below misread Exhibits A9 and A18 Wills in holding that the properties covered in Exhibit-A9 Will was not considered in Exhibit-A18 ?

(ii) Has not the court below grossly erred in holding that the execution and attestation of Exhibit-A9 Will is properly proved ?

(iii) Whether the 1st Appellate Court was right in excluding the item No.4 of plaint schedule II property from partition?

I.A. No.3 of 2022

This is an application filed for temporary injunction. Heard.

Perused the affidavit and appeal memorandum as well as the

judgment passed by the lower court and I am satisfied that R.S.A. NO.79 OF 2022

petitioners have got a prima facie case and likelihood of

irreparable injury. Hence, there will be an interim injunction for

restraining the respondents from alienating, encumbering or

committing acts of waste in the properties schedule as item

numbers 5 to 7 of Schedule II attached to the plaint in O.S.

No.59/2005.

Petitioners to comply the Order 39 Rule 3(a). Issue notice to

the respondents. Await notice.

Sd/-

M.R.ANITHA JUDGE SMF

23-06-2022 /True Copy/ Assistant Registrar