Indira Bhai Amma vs E.V.Haris
2022 Latest Caselaw 11025 Ker

                  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. 624 OF 2022
                   AS 44/2021 OF SUB COURT,NEYYATTINKARA
         OS 556/2015 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,
     THIRUVANANTHAPURAM-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.44/2021 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.
          ----------------------------------------------------
      I.A.No.1 of 2022 in R.S.A.No.624 of 2022
                                   &
                    R.S.A.No.624 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 defendants over any

specific portion 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.624 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 right in

dismissing the suit for partition when the

properties are lying in Oodukur?

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.44/2021 dated

06.07.2022 for a period of three months. Sd/-

M.R.ANITHA

shg/ JUDGE

03-11-2022 /True Copy/ Assistant Registrar