Kerala High Court
Indira Bhai Amma vs E.V.Haris on 3 November, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE M.R.ANITHA
Thursday, the 3rd day of November 2022 / 12th Karthika, 1944
IA.NO.1/2022 IN RSA NO. 629 OF 2022
AS 117/2019 OF SUB COURT,NEYYATTINKARA
OS 1036/2014 OF II ADDITIONAL MUNSIFF COURT,NEYYATTINKARA
PETITIONER/APPELLANT:
INDIRA BHAI AMMA, D/O.SMT.BHAGAVATHI PILLAI, AGED 80 YEARS,
KARIMPANA VEEDU, AYINKAMAM, NOW RESIDING AT REMA BHAVAN, T.C.85/06,
BEHIND SCHOOL ROAD, MANACAUD P.O., THIRUVANANTHAPUAM-695009.
RESPONDENTS/RESPONDENTS:
1. E.V.HARIS, S/O. PODIKUTTY NADAR, MELEVEETTUVILA, AYINKAMAM DESOM,
PARASSALA P.O., THIRUVANANTHAPURAM-695502.
2. INTERNATIONAL ZION ASSEMBLY, REPRESENTED BY SATHEESH NELSON, AGED
41, VICE PRESIDENT OF INTERNATIONAL ZION ASSEMBLY, REG.NO.T-4174,
BETHESDA, T.C.14/1570(1), THYCAUD P.O., THIRUVANANTHAPURAM-695014.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to stay the operation
of judgment of the Sub Court,Neyyattinkara in AS.No.117/2019 dated
06.07.2022 pending disposal of the appeal.
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.M.SREEKUMAR, P.ANJANA, Advocates for the petitioner, the court
passed the following:
M.R.ANITHA, J.
----------------------------------------------------
R.S.A.No.629 of 2022
&
I.A.No.1 of 2022 in R.S.A.No.629 of 2022
-----------------------------------------------------
Dated this the 3rd day of November, 2022
ORDER
Admit.
Issue notice to respondents.
The following substantial questions of law are formulated:
1. Is not the re-appreciation of evidence and
materials on record by the lower appellate court
perverse and illegal?
2. Can a co-owner having Oodukur right (undivided
right) over an item of property claim exclusive
right over any portion of the property without
partition by metes and bounds?
3. Whether description of property given in Ext.A3
alone give right to the plaintiffs over any specific
proton of the property whereas the prior
documents namely Exts.A1 and A2 documents
and prior court proceedings namely Exts.B1 to B4
only conveyed Oodukur right (undivided right)
over the property?
R.S.A.No.629 of 2022
4. Can a co-owner of the property claims and asserts
exclusive right over any portion of the property
under co-ownership simply because he is
occupying the said portion of the property?
5. Whether the lower appellate court was justified in
granting injunction against the appellant from
entering into the plot allegedly occupied by the
respondents when the property is under co-
ownership and appellant is one of the co-owners?
6. Can injunction be granted against a co-owner of a
property when every co-owners are having right
over each and every parcel of the land under co-
ownership?
I.A.No.1 of 2022:
There will be an interim order staying the operation of
judgment of the Sub Court, Neyyattinkara in A.S.No.117/2019 dated
06.07.2022 for a period of three months. Sd/-
M.R.ANITHA
shg/ JUDGE
03-11-2022 /True Copy/ Assistant Registrar
