Balakrishna Pillai vs Ramadasan Nair
2022 Latest Caselaw 3514 Ker

                            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                               PRESENT
                              THE HONOURABLE MRS. JUSTICE SHIRCY V.

                       Tuesday, the 22nd day of March 2022 / 1st Chaithra, 1944
                                 IA.NO.1/2022 IN RSA NO. 53 OF 2022
                    AS 236/2015 OF ADDITIONAL DISTRICT COURT-II,MAVELIKKARA
                            OS 236/2008 OF MUNSIFF COURT,KAYAMKULAM
PETITIONER/APPELLANT:

       MR.BALAKRISHNA PILLAI, AGED 78 YEARS, S/O.RAMA KAIMAL, METTUTHARAYIL VEEDU,
       RAMAPURAM MURI, KEERIKKADU VILLAGE.

RESPONDENTS/RESPONDENTS/COUNTER CLAIM PLAINTIFFS:

   1. MR.RAMADASAN NAIR, AGED 65 YEARS, S/O.GOVINDA PANICKER, RAJANI VILASAM,
       RAMAPURAM VADAKKUM MURI, KEERIKKADU VILLAGE, PIN - 690 507.
   2. SMT.RAJESWARI, AGED 57 YEARS, W/O.UNNIKRISHNAN NAIR, KARTHIKA VEEDU, RAJANI
       VILASAM, RAMAPURAM VADAKKUM MURI, KEERIKKADU VILLAGE, PIN - 690 507.

       Application praying that in the circumstances stated in the affidavit filed therewith the High
Court be pleased to stay all further proceedings in pursuance of judgment and decree in OS.No.236 of
2008 of Munsiff's Court,Kayamkulam as confirmed in AS.No.236 of 2015 dated 04.08.2021 of
Additional District Court-II, Mavelikkara, till the disposal of the above appeal.
       This Application coming on for orders upon perusing the application and the affidavit filed in
support thereof, and upon hearing the arguments of SRI.S.SREEKUMAR, Senior Advocate along with
M/S.P.MARTIN JOSE, P.PRIJITH, THOMAS P.KURUVILLA, AJAY BEN JOSE, SACHIN JACOB AMBAT,
HARIKRISHNAN S., MANJUNATH MENON, R.GITHESH, Advocates for the petitioners, the court passed
the following:
                           SHIRCY V., J
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                R.S.A.Nos.53 & 101 of 2022
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            Dated this the 22nd day of March, 2022

                              ORDER

Heard. Appeals are admitted on the following substantial

questions of law:-

"(i) Whether the courts below are justified in dismissing the suit and decreeing the counterclaim when the title of the plaintiff over plaint 'A' schedule has been proved and defendants admittedly does not have right, title or interest in the plaint 'A' scheduled property?

(ii) Whether the courts below are justified in dismissing the suit and decreeing the counterclaim when the plaint C scheduled pathway is proved to be having one metre only against the claim of 2 metres?

(iii) When there is no pleadings of dedication to public or surrender the pathway to Local Authority or the Government whether a private pathway will lose its characteristic and become a public pathway?

Issue consolidated notice to the respondents.

I.A.No.1 of 2022 in RSA No.53 of 2022

Heard the learned counsel for the petitioner/appellant.

The execution of the judgment and decree in the counter

claim in O.S.No.236 of 2008 of the Munsiff Court, Kayamkulam as

confirmed A.S.No.236 of 2015 of Additional District Court-II,

Mavelikkara shall stand stayed for a period of three months.

Sd/-

SHIRCY V.

JUDGE

smm

22-03-2022 /True Copy/ Assistant Registrar