Girija Mukundadas vs Mallika
2023 Latest Caselaw 6048 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE P.SOMARAJAN
        FRIDAY, THE 9TH DAY OF JUNE 2023 / 19TH JYAISHTA, 1945
                        OP(C) NO. 692 OF 2023
  AGAINST THE ORDER/JUDGMENT IN OS 882/2022 OF PRINCIPAL MUNSIFF
                            COURT,THRISSUR
PETITIONERS:

    1       GIRIJA MUKUNDADAS
            AGED 56 YEARS
            W/O. ALAPPATT MUKUNDADAS, MANAVATTI, AYYANTHOL P.O.,
            THRISSUR, PIN - 680003

    2       MUKUNDADAS
            AGED 65 YEARS
            S/O. ALAPPATT KOCHAMMU AMMA, MANAVATTI, AYYANTHOL P.O.,
            THRISSUR, PIN - 680003

            BY ADVS.
            SHERRY J. THOMAS
            JOEMON ANTONY
            ANTONY NILTON REMELO


RESPONDENTS:

    1       MALLIKA
            AGED 76 YEARS
            W/O. TACHAPPILLY BHASKARAN, JEEJA BHAVAN, AYYANTHOL
            P.O., THRISSUR, PIN - 680003

    2       JEEJA
            AGED 52 YEARS
            D/O. THACHAPPILLY BHASKARAN, JEEJA BHAVAN, AYYANTHOL
            P.O., THRISSUR, PIN - 680003

    3       REEJA
            AGED 51 YEARS
            D/O. THACHAPPILLY BHASKARAN, JEEJA BHAVAN, AYYANTHOL
            P.O., THRISSUR, PIN - 680003

    4       JASMINE
            AGED 46 YEARS
            D/O. THACHAPPILLY BHASKARAN, JEEJA BHAVAN, AYYANTHOL
            P.O., THRISSUR, PIN - 680003
 OP(C) NO. 692 OF 2023               2

    5        DR. SAJEEVAN
             AGED 51 YEARS
             JEEJA BHAVAN, AYYANTHOL P.O., THRISSUR, PIN -
             680003

             SRI UNNIKRISHNAN S,GP




     THIS     OP   (CIVIL)    HAVING      COME   UP    FOR    ADMISSION   ON
09.06.2023,     THE   COURT    ON       THE   SAME    DAY    DELIVERED    THE
FOLLOWING:
 OP(C) NO. 692 OF 2023              3



                             JUDGMENT

The petitioners/plaintiffs seek an early

disposal of Ext.P1 application for mandatory

injunction on the ground that they have purchased

the property from the defendant with a right of way

and subsequently it was blocked. Hence, the suit is

for removal of the obstruction by way of mandatory

injunction and other reliefs. Interim application

was maintained for the purpose of removing the

obstruction created over the said way. Hence, notice

to the respondents is dispensed with. There will be

a direction to the trial court to take up Ext.P1 on

the next posting date and shall dispose of the same

within a time schedule of two weeks from that day.

This O.P(C) will stand allowed accordingly.

Sd/-

P.SOMARAJAN JUDGE

LEK

APPENDIX OF OP(C) 692/2023

PETITIONER EXHIBITS

Exhibit P1 THE TRUE COPY OF THE PLAINT, DATED 22-4-2022

Exhibit P2 THE TRUE COPY OF THE WRITTEN STATEMENT, DATED 16-9-2022

Exhibit P3 THE PHOTOGRAPH SHOWING THE CAR OF THE PETITIONERS, UNABLE TO BE TAKEN OUT FROM THEIR COMPOUND

Exhibit P 4 THE TRUE COPY OF THE IA ALONG WITH THE AFFIDAVIT.

Exhibit P5 THE TRUE COPY OF THE OBJECTION DATED 25-5-2022 FILED BY THE RESPONDENT

Exhibit P6 THE TRUE COPY OF THE COMMISSION REPORT DATED 6-5-2022