Kerala High Court
Sathyan vs Prasanna on 30 March, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE M.R.ANITHA
Thursday, the 30th day of March 2023 / 9th Chaithra, 1945
IA.NO.1/2023 IN RSA NO. 221 OF 2023
OS 1545/2012 OF PRINCIPAL MUNSIFF COURT,IRINJALAKUDA
AS 113/2018 OF ADDITIONAL DISTRICT COURT, IRINJALAKUDA, THRISSUR
PETITIONERS/APPELLANTS:
1. SATHYAN, AGED 69 YEARS, S/O AYYAPPAN, RESIDING IN THE ADDRESS
THERATTIL HOUSE, EAST KOMBARA DESOM, PULLUR VILLAGE, PULLUR P O,
MUKUNDAPURAM TALUK, THRISSUR DISTRICT, PINCODE - 680121
2. PRASANNA, AGED 50 YEARS, D/O AYYAPPAN, RESIDING IN THE ADDRESS
THERATTIL HOUSE, EAST KOMBARA DESOM, PULLUR VILLAGE, PULLUR P O,
MUKUNDAPURAM TALUK, THRISSUR DISTRICT, PINCODE - 680121
RESPONDENTS/RESPONDENTS:
1. PRASANNA, AGED 61 YEARS, W/O GOPI, RESIDING IN THE ADDRESS THERATTIL
HOUSE, EAST KOMBARA DESOM, PULLUR VILLAGE, PULLUR P O, MUKUNDAPURAM
TALUK, THRISSUR DISTRICT, PINCODE - 680121
2. THE SECRETARY IRINJALAKKUDA MUNICIPALITY, IRINJALAKKUDA P O,
IRINJALAKKUDA DESOM, THRISSUR DISTRICT,PINCODE - 680121
3. SURENDRAN, AGED 64 YEARS, S/O AYYAPPAN, RESIDING IN THE ADDRESS
THERATTIL HOUSE, EAST KOMBARA DESOM, PULLUR VILLAGE, PULLUR P O,
MUKUNDAPURAM TALUK, THRISSUR DISTRICT,PINCODE - 680121
4. VYJAYANTHI, AGED 63 YEARS, D/O AYYAPPAN AND W/O SUKUMARAN, RESIDING
IN THE ADDRESS MADATHIPARAMBIL HOUSE, MADAYIKONAM VILLAGE,
IRINJALAKKUDA P O, MUKUNDAPURAM TALUK, THRISSUR DISTRICT, PINCODE -
680121
5. MURALI, AGED 59 YEARS, S/O AYYAPPAN, RESIDING IN THE ADDRESS
THERATTIL HOUSE, EAST KOMBARA DESOM, PULLUR VILLAGE, PULLUR P O,
MUKUNDAPURAM TALUK, THRISSUR DISTRICT, PINCODE - 680121
6. THILAKAN, AGED 55 YEARS, S/O AYYAPPAN, RESIDING IN THE ADDRESS
THERATTIL HOUSE, EAST KOMBARA DESOM, PULLUR VILLAGE, PULLUR P O,
MUKUNDAPURAM TALUK, THRISSUR DISTRICT,PINCODE - 680121
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to stay all further
proceedings pursuant to the judgment and decree rendered in OS.No.1545 of
2012 dated 28.06.2018 on the file of the Prl.Munsiff Court,Irinjalakkuda
and confirmed in AS.No.113 of 2018 dated 19.11.2022 on the file of the
Additional District Judge, Irinjalakkuda pending consideration of the
above appeal in the interest of justice.
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and upon hearing the arguments
of SRI.G.SREEKUMAR (CHELUR), Advocate for the petitioners and of
SRI.K.K.CHANDRAN PILLAI, Senior Advocate along with SMT.AMBILY S,
Advocates for the 2nd Respondent, the court passed the following:
M.R.ANITHA, J.
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R.S.A. No.221 of 2023
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Dated this the 30th day of March, 2023
ORDER
Heard the learned counsel for the appellants as well as the 2 nd
respondent.
Appeal admitted on the following substantial questions of law:
1) When the plaintiff failed to establish the
nature of right over 'B' schedule way and on that
ground prayer for declaration is refused, whether
the injunction granted is legally sustainable?
2) Whether the suit is barred by Section 544 of
the Kerala Municipality Act, 1994?
Issue notice to other respondents.
I.A. No.1 of 2023
Petition to stay all further proceedings pursuant to the
judgment and decree rendered in O.S. No.1545/2012 dated
28.06.2018 on the file of the Prl.Munsiff Court, Irinjalakkuda and
confirmed in A.S. No.113/2018 dated 19.11.2022 on the file of the
R.S.A. No.221 of 2023
Additional District Judge, Irinjalakuda.
Heard the learned counsel for the petitioners as well as the
2nd respondent.
Interim stay as sought for, for a period of three months.
Sd/-
M.R.ANITHA
JUDGE
SMF
30-03-2023 /True Copy/ Assistant Registrar
