Kerala High Court
Suresh vs Rajappan Joseph on 23 June, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
FRIDAY, THE 23rd DAY OF JUNE 2023 / 2ND ASHADHA, 1945
OP(C) NO. 1276 OF 2023
EP No.93/2010 IN O.S.No.1005/1996 OF MUNSIFF COURT, NEYYATTINKARA
NAME AND ADDRESS OF THE PETITIONER/DECREE HOLDER:
SURESH, AGED 50 YEARS, S/o GABRIAL NADAR,
STELLA MARIS BHAVAN, VENKADAMBU DESOM,
KULATHOOR VILLAGE, NEYYATTINKARA,
THIRUVANANTHAPURAM, PIN - 695506
BY ADVS. V.G.ARUN
V.JAYA RAGI
NEERAJ NARAYAN
R.HARIKRISHNAN (KAMBISSERIL)
AVANEETH S.R.
BHARATH VIJAYAN U.R.
NAME AND ADDRESS OF THE RESPONDENTS/JUDGMENT DEBTOR & CLAIM
PETITIONERS:
1 RAJAPPAN JOSEPH, DARSANA BHAVAN, VENKADAMBU DESOM,
KULATHOOR VILLAGE, NEYYATTINKARA,
THIRUVANANTHAPURAM, PIN - 695506
2 GABRIAL VINCENT, ELLATHANI, VENKADAMBU DESOM,
KULATHOOR VILLAGE, NEYYATTINKARA,
THIRUVANANTHAPURAM, PIN - 695506
3 PODIYAN NADAR SUNDARAN NADAR, SUNDARA VILASOM
KOLLAMANNADI VEEDU, VENKADAMBU DESOM,
KULATHOOR VILLAGE, NEYYATTINKARA,
THIRUVANANTHAPURAM, PIN - 695506
4 MANUEL SELVARAJ, KUMAR BHAVAN, VENKADAMBU DESOM,
KULATHOOR VILLAGE, NEYYATTINKARA,
THIRUVANANTHAPURAM, PIN - 695506
5 GABRIAL NESAMONY, PARIYARAM THEKKEKKARAVEEDU,
VENKADAMBU DESOM, KULATHOOR VILLAGE, NEYYATTINKARA,
THIRUVANANTHAPURAM, PIN - 695506
6 ARULAPPAN NADAR VARGHEESE NADAR, JULY VILLA,
VENKADAMBU DESOM, KULATHOOR VILLAGE,
OP(C) No.1276 of 2023 2
NEYYATTINKARA, THIRUVANANTHAPURAM, PIN - 695506
7 KULATHOOR GRAMA PANCHAYAT,
REPRESENTED BY ITS SECRETARY, PIN - 695506
8 NIRMALA, W/o SUNDARAN NADAR, SUNDARA VILASOM
KOLLAMANNADI VEEDU, VENKADAMBU DESOM,
KULATHOOR VILLAGE, NEYYATTINKARA,
THIRUVANANTHAPURAM, PIN - 695506
9 SUNDARAN NADAR JOY, SUNDARA VILASOM KOLLAMANNADI VEEDU,
VENKADAMBU DESOM, KULATHOOR VILLAGE, NEYYATTINKARA,
THIRUVANANTHAPURAM, PIN - 695506
10 SUNIL KUMAR J, AGED 47 YEARS, S/o JOHNSON,
MAVILAKKADAVU PARIYARATH VAYALARIKATHU VEETIL,
KULATHOOR VILLAGE, NEYYATTINKARA,
THIRUVANANTHAPURAM, PIN - 695506
11 SURESHKUMAR J, AGED 45 YEARS, S/o JOHNSON,
MAVILAKKADAVU PARIYARATH VAYALARIKATHU VEETIL,
KULATHOOR VILLAGE, NEYYATTINKARA,
THIRUVANANTHAPURAM, PIN - 695506
12 BINUKUMAR J, S/o JOHNSON, AGED 43 YEARS, MAVILAKKADAVU
PARIYARATH VAYALARIKATHU VEETIL, KULATHOOR VILLAGE,
NEYYATTINKARA, THIRUVANANTHAPURAM, PIN - 695506
13 BIJUKUMAR J, S/o JOHNSON, AGED 40 YEARS, MAVILAKKADAVU
PARIYARATH VAYALARIKATHU VEETIL, KULATHOOR VILLAGE,
NEYYATTINKARA, THIRUVANANTHAPURAM, PIN - 695506
14 SELVARAJ, AGED 55 YEARS, S/o ANTONY NADAR, PARIYARAM
THEKKEKKARAVEEDU, KULATHOOR VILLAGE, NEYYATTINKARA,
THIRUVANANTHAPURAM, PIN - 695506
BY ADV. SMT VINAYAKUMARI, SC FOR R7
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 23.06.2023,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C) No.1276 of 2023 3
JUDGMENT
The petitioner/decree holder came up seeking an early
disposal of the claim petition filed by the local people.
It is pertaining to a decree of injunction granted in a
suit instituted against the public in a representative
capacity in compliance with the requirement under Order I
Rule 8 C.P.C. Publication was made on getting leave
under Order I Rule 8 C.P.C. The Panchayath is also in
the party array of the suit. It is pertaining to an
attempt of the local people to cut open of a way through
the property of the plaintiff and the suit was ended in a
decree of permanent injunction against the defendants as
well as the Panchayath. Thereon, the Panchayath took up
the matter in appeal, which was also ended in dismissal
directing to recover the entire cost of the appeal from
the Secretary, who preferred the appeal. It is thereafter
Ext.P3 E.P. was filed. Ext.P4 order was passed for
putting up boundary within the property of the plaintiff
so as to avoid further obstruction to their possession
and to prevent the act of commission of waste, against
which a C.R.P. was filed before this Court by the
defendants and it was also ended in dismissal by ordering
cost of Rs.5,000/-. It is thereafter some local residents
came up with an application under Order XXI Rule 97 CPC.
Since it is a suit instituted with permission under Order
I Rule 8 CPC and in compliance with the requirement, the
decree of injunction would stand binding on all persons
having either title, interest or right over the property,
whether it is limited or otherwise and they will stand
bound by the decree. Virtually they cannot prefer a claim
petition, especially under Rule 97 of Order XXI C.P.C.
Since it is for an early disposal of the claim petition,
notice to the respondents is dispensed with. There will
be a direction to the trial court to consider and dispose
of the claim petition within a time schedule of three
weeks, for which the trial court shall issue notice to
the counsel for respondents.
The Original Petition will stand allowed accordingly
with the abovesaid direction.
Sd/-
P.SOMARAJAN
JUDGE
DMR/-
APPENDIX OF OP(C) 1276/2023
PETITIONER'S EXHIBITS
Exhibit P1 THE TRUE COPY OF THE JUDGMENT OF THE MUNSIFF
COURT, NEYYATTINKARA IN O.S NO. 1005 OF 1996
DATED 09.04.1999
Exhibit P2 THE TRUE COPY OF THE JUDGMENT OF THE SUB
COURT, NEYYATTINKARA IN A.S NO. 154 OF 1999
DATED 23.03.2005
Exhibit P3 THE TRUE COPY OF E.P NO. 93 OF 2010 IN O.S
NO. 1005 OF 1996 ON THE FILES OF THE MUNSIFF
COURT, NEYYATTINKARA
Exhibit P4 THE TRUE COPY OF THE ORDER PASSED BY MUNSIFF
COURT, NEYYATTINKARA DATED 09.03.2021 IN E.P
NO 93 OF 2010 AND IN O.S NO. 1005 OF 1996
Exhibit P5 THE TRUE COPY OF THE ORDER PASSED BY THE
OF 2021 DATED 15.07.2022
Exhibit P6 THE TRUE COPY OF E.A NO. 8 OF 2021 IN E.P NO.
93 OF 2010 IN O.S NO. 1005 OF 1996
Exhibit P7 THE TRUE COPY OF E.A NO. 9/2023 IN E.P NO 93
OF 2010 IN O.S NO. 1005 OF 1996 ON THE FILES
OF THE MUNSIFF COURT, NEYYATTINKARA
Exhibit P8 THE TRUE COPY OF E.A NO. 10/2023 IN E.P NO 93
OF 2010 IN O.S NO. 1005 OF 1996 ON THE FILES
OF THE MUNSIFF COURT, NEYYATTINKARA
Exhibit P9 THE TRUE COPY OF THE COUNTER AFFIDAVIT FILED
BY THE PETITIONER AGAINST E.A NO. 8/2023 IN
E.P NO. 93/2010 IN O.S NO. 1005 OF 1996 ON
THE FILES OF MUNSIFF COURT, NEYYATTINKARA
// TRUE COPY //
P.A. TO JUDGE
