Kerala High Court
Unmesh vs Suresh B on 11 January, 2023
OP(C) No.66/2023 1/3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
Wednesday, the 11th day of January 2023 / 21st Pousha, 1944
OP(C) NO. 66 OF 2023
CMA 13/2020 OF SUB COURT, KOTTARAKKARA
OS 375/2020 OF MUNSIFF COURT, KOTTARAKKARA
PETITIONER/RESPONDENTS NO.1 TO 3 IN CMA NO.13/2020:
1. UNMESH, AGED 43 YEARS, S/O RAMACHANDRAN NAIR, PADINJATTINKARA
PUTHENVEEDU, VAYALA MURIKOTTUKKAL VILLAGE, KOTTARAKKARA, PIN -
691506
2. SHAJAHAN, AGED 45 YEARS, S/O. SALIM, BISMILLAH HOUSE, MOONGODUMURI,
PULLANJIYODU, KARUKONE P.O, CHANNAPETTA VILLAGE, PUNALUR TALUK, PIN
- 691306
3. SHAJITHA, AGED 40 YEARS, W/O. SHAJAHAN, BISMILLAH HOUSE,
MOONGODUMURI, PULLANJIYODU, KARUKONE P.O, CHANNAPETTA VILLAGE,
PUNALUR TALUK, PIN - 691306
RESPONDENTS/APPELLANTS AND RESPONDENTS NO.4 AND 5 IN CMA NO.13/2020:
1. SURESH B, AGED 47 YEARS, S/O BHASKARAN PILLAI, THENGUVILA
PUTHENVEEDU, PULLANJIYODU MURI, KARUKONE P.O, CHANNAPETTA
VILLAGE,PUNALUR TALUK, SECRETARY OF KAVILAMMA TEMPLE TRUST,
VAYALAMURI, KOTTUKKAL VILLAGE., PIN - 691306
2. KAROSH KUMAR, AGED 60 YEARS, S/O. GANGADHARAN, ANEESHBHAVAN,
ALUMMUKKU, VAYALA MURI, VAYALA P.O, KOTTUKKAL VILLAGE, TREASURER OF
KAVILAMMA TEMPLE TRUST, VAYALAMURI, KOTTUKKAL VILLAGE, PIN - 686571
3. KAVILAMMA TEMPLE TRUST, VAYALAP.O, VAYALAMURI, KOTTUKKAL VILLAGE,
REPRESENTED BY ITS PRESIDENT, SREEKUMAR, AGED 53 YEARS, S/O.
NARAYANAN, GOKULAM, THOTTAMMUKKU, VAYALAMURI, KOTTUKKAL VILLAGE,
KOTTARAKKARA TALUK, KOLLAM DISTRICT, PIN - 686571
4. SREEKUMAR, AGED 53 YEARS, S/O. NARAYANAN, GOKULAM, THOTTAM MUKKU,
VAYALAMURI, KOTTUKKAL VILLAGE, KOTTARAKKARA TALUK, KOLLAM DISTRICT,
PIN - 691506
Op (civil) praying inter alia that in the circumstances stated in
the affidavit filed along with the OP(C) the High Court be pleased to stay
all further proceedings under Ext.P11 order of the Sub Court,
Kottarakkara, and to maintain status quo in tune to Ext.P3 order in IA
1/2020 in till the disposal of OP(C), in the interest of justice.
This petition coming on for admission upon perusing the petition and
the affidavit filed in support of OP(C) and upon hearing the arguments of
M/S.PRAVEEN K. JOY, E.S.SANEEJ, M.P.UNNIKRISHNAN, M.K.SAMYUKTHA,
N.ABHILASH & DEEPU RAJAGOPAL, Advocates for the petitioners the court
passed the following:
OP(C) No.66/2023 2/3
ORDER
Issue notice before admission by speed post to the respondents.
The petitioners are also simultaneously permitted to serve a copy of
the original petition on the learned counsel appearing for all the
respondents before the Court below and file a memo to the effect.
On a consideration of the pleadings and materials on record and
taking note of Ext.P3 order, whereby the Trial Court directed the parties
to maintain Status-quo as reported by the commissioner with respect to the
path way described by the commissioner in Ext.P3 sketch, which has been
upturned by Ext.P11 judgment, I am satisfied that the petitioners have
made out a prima facie case for an interim order. Hence, I stay the
operation of the judgment in CMA No.13/2020 of the Court of the
Subordinate Judge, Kottarakara, for a period of three weeks.
Sd/- C.S.DIAS JUDGE
11-01-2023 /True Copy/ Assistant Registrar
OP(C) No.66/2023 3/3
APPENDIX OF OP(C) 66/2023
Exhibit P3 TRUE COPY OF INTERIM ORDER DATED 22.9.2020 IN IA 1/2020
IN OS 375/2020 OF MUNSIFF COURT, KOTTARAKARA
Exhibit P11 TRUE PHOTOCOPY OF THE ORDER IN CMA 13/2020 OF THE SUB
COURT, KOTTARAKKARA DATED 05/01/2023
