Enarc Building Private Limited vs Enarc Apartments (Marar Road)
2023 Latest Caselaw 1415 Ker

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                        PRESENT

                     THE HONOURABLE MRS. JUSTICE M.R.ANITHA

                 Friday, the 20th day of January 2023 / 30th Pousha, 1944

                          IA.NO.1/2023 IN RSA NO. 46 OF 2023

                    AS 20/2018 OF PRINCIPAL SUB COURT,THRISSUR

                OS 2212/2009 OF PRINCIPAL MUNSIFF COURT,THRISSUR

APPLICANTS/APPELLANTS:


  1. ENARC BUILDING PVT.LTD., MARAR ROAD, THRISSUR, REPRESENTED BY ITS
     MANAGING DIRECTOR, MAHESWARI BUILDING, M.G.ROAD, THRISSUR
     DISTRICT-680 001.

  2. RAMAKRISHNAN, AGED 68 YEARS, S/O.KUNNAMBATH DEVAKI AMMA, 9A FLAT,
     ENARC APARTMENTS, MARAR ROAD, THRISSUR DISTRICT-680 001.


RESPONDENT/RESPONDENT:


     ENARC APARTMENTS (MARAR ROAD) OWNERS' ASSOCIATION, THRISSUR,
     REPRESENTED BY PRESENT SECRETARY, MARAR ROAD, THRISSUR DISTRICT-680
     001.


Application praying that in the circumstances stated in the affidavit filed therewith the
High Court be pleased to stay the operation and execution of the decree and judgment
dated 19.02.2011 in OS.No.2212/2009 on the files of the Court of Principal
Munsiff,Thrissur which is confirmed in judgment dated 08.09.2021 in AS.No.20/2018 on
the files of the Court of Principal Sub Judge, Thrissur, pending disposal of the 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 SRI.K.M.SATHYANATHA MENON,
Advocate for the petitioners, the court passed the following:
                           M.R.ANITHA, J.
                ----------------------------------------
                      R.S.A. No.46 of 2023
                -----------------------------------------------
              Dated this the 20th day of January, 2023

                                 ORDER

Admit.

Issue notice to the respondents.

Substantial questions of law is formulated as follows:

(i) Whether the prayer for injunction without a prayer for declaration to invalidate the clause in sale deed executed by the members of the plaintiff/Association is sustainable in law?

(ii) Whether the second part of Section 11 of Transfer of Property Act, 1882, has any application in the present case?

(iii) Whether the plaintiff/Association has any locus standi to institute the suit?

I.A. No.1 of 2023

Petition to stay the operation and execution of the judgment

and decree in O.S. No.2212/2009 on the file of Principal Munsiff's R.S.A. No.46 of 2023

Court, Thrissur which is confirmed in judgment in A.S.

No.20/2018 on the file of Principal Sub Court, Thrissur.

Heard. There will be an interim stay for a period of three

months.

Sd/-

M.R.ANITHA JUDGE SMF

20-01-2023 /True Copy/ Assistant Registrar