Kerala High Court
K.A. Abraham vs Nazeera.N on 24 May, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
WEDNESDAY, THE 24TH DAY OF MAY 2023 / 3RD JYAISHTA, 1945
OP(C) NO. 1058 OF 2023
AGAINST THE ORDER/JUDGMENT IN I.A.NO.2460/2019 IN OS 495/2019 OF
ADDITONAL MUNSIFF COURT (RCC), THIRUVANANTHAPURAM
PETITIONERS/ADDL.COUNTER PETITIONERS 14 TO 16/ADDL.DEFENDANTS 14
TO 16 IN OS.NO.495/2019:
1 K.A. ABRAHAM, AGED 65,
S/O ABRAHAM KALLARAKKAL, RESIDING AT KALLARAKKAL HOUSE,
CHENGALAM.P.O., ELAMKULAM VILLAGE, KANJIRAPALLI TALUK,
KOTTAYAM DISTRICT, PIN - 686585
2 MATHEW KUNCHERIA, AGED 64,
S/O CHACKO KUNCHERIA, RESIDING AT PARAKKAL HOUSE,
KAVALAM.P.O., ALAPPUZHA DISTRICT, PIN 688506,
REPRESENTED BY POWER OF ATTORNEY HOLDER, THE 1ST
PETITIONER K.A. ABRAHAM, AGED 65, S/O ABRAHAM
KALLARAKKAL, RESIDING AT KALLARAKKAL HOUSE,
CHENGALAM.P.O., ELAMKULAM VILLAGE, KANJIRAPALLI TALUK,
KOTTAYAM DISTRICT, PIN - 686585
3 HANSAMMA LUCKOSE, AGED 62,
W/O MATHEW KUNCHERIA, RESIDING AT PARAKKAL HOUSE,
KAVALAM.P.O., KAVALAM VILLAGE, KUTTANADU TALUK,
ALAPPUZHA DISTRICT, PIN 688506, REPRESENTED BY POWER OF
ATTORNEY HOLDER, THE 1ST PETITIONER K.A. ABRAHAM, AGED
65, S/O ABRAHAM KALLARAKKAL, RESIDING AT KALLARAKKAL
HOUSE, CHENGALAM.P.O., ELAMKULAM VILLAGE, KANJIRAPALLI
TALUK, KOTTAYAM DISTRICT, PIN - 686585
BY ADVS.
R.T.PRADEEP
M.BINDUDAS
K.C.HARISH
RESPONDENTS/PETITIONER & COUNTER PETITIONERS 1 TO 13/PLAINTIFF &
DEFENDANTS 1 TO 13:
1 NAZEERA.N., AGED 57, D/O. NABEESA BEEVI, RESIDING AT
SALAM MANZIL, CHOWARA.P.O., KOTTUKAL (PART),
THIRUVANANTHAPURAM DISTRICT, PIN - 695501
2 NOORJAHAN, AGED ABOUT 68,
D/O NABEESA BEEVI, 'SHAMEES', TKRA-46, THIRUMALA.P.O.,
THIRUVANANTHAPURAM, PRESENTLY RESIDING AT 'AL-ISLAM',
PACHALLOOR POST, THIRUVANANTHAPURAM, PIN - 695027
3 ABITHA, AGED 68, D/O NABEESA BEEVI, RESIDING AT 'AL-
ISLAM', PACHALLOOR POST,
THIRUVANANTHAPURAM DISTRICT, PIN - 695027
OP(C) NOs. 1058 & 1012 OF 2023
2
4 LAILA.N., AGED ABOUT 60,D/O NABEESA BEEVI, T.C.22/550,
K.V. HOUSE, KANJIPURA, MANACADU POST,
THIRUVANANTHAPURAM, PIN - 695009
5 SHAMEENA, AGED ABOUT 58, D/O NABEESA BEEVI, RESIDING AT
T.C.35/63, FATHIMA MANZIL, VALLAKADAVU POST,
THIRUVANANTHAPURAM, PIN - 695008
6 SUNITHA, AGED ABOUT 51, D/O NABEESA BEEVI, RESIDING AT
SALAM MANZIL, CHEEVAKIZHANGUVILA, CHAPPATH, CHOWARA
POST, THIRUVANANTHAPURAM DISTRICT, PIN - 695501
7 SHANAVAS, AGED ABOUT 48,
S/O NABEESA BEEVI, RESIDING AT T.C.35/63, FATHIMA
MANZIL, VALLAKADAVU POST,
THIRUVANANTHAPURAM DISTRICT, PIN - 695008
8 ABDUL VAHEED, AGED ABOUT 83,
S/O MUHAMMAD NOOHU, RESIDING AT SAJIDHA BHAVAN, AERA-5,
NEAR STAR HEALTH INSURANCE OFFICE, AMBALATHARA,
THIRUVANANTHAPURAM DISTRICT, PIN - 695026
9 SHAHUL HAMMED, AGED ABOUT 70, S/O MUHAMMAD NOOHU,
RESIDING AT T.C.57/2421, MARIYA NAGAR, VANDITHADAM,
PACHALLOOR POST,
THIRUVANANTHAPURAM DISTRICT, PIN - 695027
10 PATHUMMAL BEEVI, AGED ABOUT 77, D/O MUHAMMAD NOOHU,
RESIDING AT AFNANS HOUSE, VANDITHADAM ROAD, PACHALLOOR
POST,
THIRUVANANTHAPURAM DISTRICT, PIN - 695027
11 NAZEEMA.R., AGED 68, D/O RAHUMA BEEVI, RESIDING AT
NOORUL MAHAL, THOLICODE POST, THIRUVANANTHAPURAM
DISTRICT, PIN - 695541
12 NIZARUDEEN, AGED 66,
S/O RAHUMA BEEVI, RESIDING AT DARUL-NOOR, KAIMKADA,
CHULLIMANOOR POST,
THIRUVANANTHAPURAM DISTRICT, PIN - 695541
13 SAKEER, AGED ABOUT 48,
S/O REHUMA BEEVI, RESIDING AT BISMI COTTAGE, NEAR
MADRASA LANE, THEREUMALA ROAD, MANCHA POST, NEDUMANGAD,
THIRUVANANTHAPURAM DISTRICT, PIN - 695541
14 NAZEERA.R.,AGED 55 YEARS, D/O RAHUMA BEEVI, NOORUL
MAHAL, THOLICODE.P.O., THIRUVANANTHAPURAM - 695041
PRESENTLY RESIDING AT BISMI COTTAGE, NEAR MADRASA LANE,
THEREMALA ROAD, MANCHA POST, NEDUMANGAD,
THIRUVANANTHAPURAM DISTRICT, PIN 695541.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 24.05.2023,
ALONG WITH OP(C).1012/2023, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
OP(C) NOs. 1058 & 1012 OF 2023
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
WEDNESDAY, THE 24TH DAY OF MAY 2023 / 3RD JYAISHTA, 1945
OP(C) NO. 1012 OF 2023
AGAINST THE ORDER/JUDGMENT IN I.A.NO.11096/2016 IN OS 2317/2016 OF
I ADDITIONAL MUNSIFF COURT,THIRUVANANTHAPURAM
PETITIONERS/ADDITIONAL COUNTER PETITIONERS 2 TO 4/ADDITIONAL
DEFENDANTS 2 TO 4 IN OS NO.2317/2016:
1 K.A. ABRAHAM, AGED 65,
S/O ABRAHAM KALLARAKKAL, RESIDING AT KALLARAKKAL HOUSE,
CHENGALAM.P.O., ELAMKULAM VILLAGE, KANJIRAPALLI TALUK,
KOTTAYAM DISTRICT, PIN - 686585
2 MATHEW KUNCHERIA, AGED 64,
S/O CHACKO KUNCHERIA, RESIDING AT PARAKKAL HOUSE,
KAVALAM.P.O., ALAPPUZHA DISTRICT, PIN 688506.
REPRESENTED BY POWER OF ATTORNEY HOLDER, THE 1ST
PETITIONER K.A. ABRAHAM, AGED 65, S/O ABRAHAM
KALLARAKKAL, RESIDING AT KALLARAKKAL HOUSE,
CHENGALAM.P.O., ELAMKULAM VILLAGE, KANJIRAPALLI TALUK,
KOTTAYAM DISTRICT, PIN - 686585
3 HANSAMMA LUCKOSE, AGED 62,
W/O MATHEW KUNCHERIA, RESIDING AT PARAKKAL HOUSE,
KAVALAM.P.O., KAVALAM VILLAGE, KUTTANADU TALUK,
ALAPPUZHA DISTRICT, PIN 688506. REPRESENTED BY POWER OF
ATTORNEY HOLDER, THE 1ST PETITIONER K.A. ABRAHAM, AGED
65, S/O ABRAHAM KALLARAKKAL, RESIDING AT KALLARAKKAL
HOUSE, CHENGALAM.P.O., ELAMKULAM VILLAGE, KANJIRAPALLI
TALUK, KOTTAYAM DISTRICT, PIN - 686585
BY ADVS.
R.T.PRADEEP
M.BINDUDAS
K.C.HARISH
RESPONDENTS/PETITIONERS AND 1ST COUNTER PETITIONER/PLAINTIFFS 1 TO
8 AND 1ST DEFENDANT:
1 S. JAYAMANI, AGED 82, S/O LATE SANKARASUBBU ASARI,
HOUSE NO.271, NETHAJI STREET, JAIHINDPURAM, MADURAI,
TAMIL NADU, PIN - 625011
2 P. RUKKUMINI, AGED 86,
OP(C) NOs. 1058 & 1012 OF 2023
4
W/O MUTHUPANDI ASARI, HOUSE NO.230, BHARATHIYAR ROAD
(RAMACHANDRAN HOME), JAIHINDPURAM, MADURAI,
TAMIL NADU, PIN - 625011
3 S. PALANIAPPAN, AGED 81,
HOUSE NO.1-A, SOLAIALAGUPURAM 2ND STREET, MADURAI,
TAMIL NADU, PIN - 625011
4 S. SARASWATHY, AGED 81,
W/O LATE. S. RAMASWAMY, HOUSE NO.1, 4, RAMAIYAH STREET,
MAIN VEETHI, VANCHINATHAN CROSS STREET, MADURAI, TAMIL
NADU, PIN - 625011
5 RAJENDRAN, AGED 63,
S/O LATE S. RAMASWAMY, HOUSE NO.1, 4, RAMAIYAH STREET,
MAIN VEETHI, VANCHINATHAN CROSS STREET, MADURAI, TAMIL
NADU, PIN - 625011
6 R. PALANIAPPAN, AGED 60,
S/O LATE S. RAMASWAMY, HOUSE NO.1, 4, RAMAIYAH STREET,
MAIN VEETHI, VANCHINATHAN CROSS STREET, MADURAI, TAMIL
NADU, PIN - 625011
7 MAHESWARY, AGED 59,
D/O LATE S. RAMASWAMY, HOUSE NO.1, 4, RAMAIYAH STREET,
MAIN VEETHI, VANCHINATHAN CROSS STREET, MADURAI, TAMIL
NADU, PIN - 625011
8 THILAKESWARY @ THILAKAVATHY, AGED 50,
D/O LATE S. RAMASWAMY, HOUSE NO.1, 4, RAMAIYAH STREET,
MAIN VEETHI, VANCHINATHAN CROSS STREET, MADURAI, TAMIL
NADU., PIN - 625011
9 KURIAKOSE ELIAS TRUST FOR COMMUNICATION DEVELOPMENT,
(REG. NO.408/1980), PROVINCIAL HOUSE, VAZHUTHACAUD,
THIRUVANANTHAPURAM, PIN 695014. REPRESENTED BY ITS
PRESIDENT FR. ABRAHAM SEBASTIAN, CMI, RESIDING AT
CHRIST NAGAR ASHRAM, KAWADIAR,
THIRUVANANTHAPURAM, PIN - 695003
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 24.05.2023,
ALONG WITH OP(C).1058/2023, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
OP(C) NOs. 1058 & 1012 OF 2023
5
JUDGMENT
These are the two petitions filed by the respective
additional defendants 2 to 4 in O.S.No.2317/2016 and 14
to 16 in O.S.No.495/2019, for an early disposal of the
interim injunction application. Initially, injunctions
were granted by the trial court in both suits, against
which the additional defendants filed their counter,
but so far the matter was not heard by the trial court.
Hence, there will be a direction to the trial court to
take up the matter at the earliest moment and to
dispose of the same on merit after affording an
opportunity of hearing to both the parties within a
time schedule of two months from the next posting.
Since the direction is only for an early disposal of
the matter, no notice need be issued to the
respondents.
Both the O.P.(C)s will stand allowed accordingly.
Sd/-
P.SOMARAJAN
JUDGE
msp
OP(C) NOs. 1058 & 1012 OF 2023
APPENDIX OF OP(C) 1058/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF PLAINT DATED 20.3.2019 IN O.S.
NO.495/2019 BEFORE THE ADDITIONAL MUNSIFF
COURT (RCC), THIRUVANANTHAPURAM
Exhibit P1(a) TRUE COPY OF WRITTEN STATEMENT IN O.S.
NO.495/2019 BEFORE THE ADDITIONAL MUNSIFF
COURT (RCC), THIRUVANANTHAPURAM DATED NIL
Exhibit P1(b) TRUE COPY OF THE I.A. NO.2460/2019
(INJUNCTION APPLICATION) IN O.S. NO.495/2015
ON THE FILE OF MUNSIFF COURT,
THIRUVANANTHAPURAM
Exhibit P1(c) TRUE COPY OF THE COUNTER STATEMENT TO
EXHIBIT-P1(C) ON THE FILE OF ADDITIONAL
MUNSIFF'S COURT (RCC),
THIRUVANANTHAPURAM
Exhibit P1(d) TRUE COPY OF INJUNCTION ORDER DATED 20.3.2019
IN I.A. NO.2460/2019 IN O.S. NO.495/2019 BY
THE MUNSIFF COURT-IV,
THIRUVANANTHAPURAM
Exhibit P2 TRUE COPY OF TAX RECEIPT DATED 5.8.2019 IN
THE NAME OF 1ST PETITIONER
Exhibit P3 TRUE COPY OF TAX RECEIPT DATED 5.8.2019 IN
THE NAME OF 2ND PETITIONER
Exhibit P4 TRUE COPY OF TAX RECEIPT DATED 5.8.2019 IN
THE NAME OF 3RD PETITIONER
Exhibit P5 TRUE COPY OF REPORT OF REGISTRATION DEPUTY
INSPECTOR GENERAL,
SOUTHERN REGION DATED 26.10.2016
Exhibit P6 COPY OF ORDER DATED 28.1.2019 BY REGISTRATION
INSPECTOR GENERAL DIRECTING TO REMOVE THE
ENCUMBRANCE FROM THE PROPERTY OF PETITIONERS
IN NEMOM SUB REGISTRY CREATED ON THE BASIS OF
FORGED DOCUMENTS
Exhibit P7 TRUE COPY OF FINAL REPORT DATED 14.3.2018 BY
REGISTRATION DEPUTY INSPECTOR GENERAL,
SOUTHERN REGION
Exhibit P8 TRUE COPY OF PLAINT DATED 12.8.2013 IN O.S.
NO.636/2013 FILED BY 1ST PETITIONER BEFORE
1ST ADDITIONAL SUB COURT, THIRUVANANTHAPURAM
Exhibit P9 TRUE COPY OF PLAINT DATED 12.8.2013 IN O.S.
NO.637/2013 FILED BY 2ND PETITIONER BEFORE
THE 1ST ADDITIONAL SUB COURT,
OP(C) NOs. 1058 & 1012 OF 2023
THIRUVANANTHAPURAM
Exhibit P10 TRUE COPY OF PLAINT DATED 12.8.2013 IN O.S.
NO.638/2013 BEFORE THE 1ST ADDITIONAL SUB
COURT, THIRUVANANTHAPURAM
Exhibit P11 TRUE COPY OF I.A. DATED 19.8.2019 IN O.S.
NO.495/2019 BEFORE THE ADDITIONAL MUNSIFF'S
COURT (RCC), THIRUVANANTHAPURAM (WITHOUT
DOCUMENTS) SEEKING TO IMPLEAD THE PETITIONERS
AS ADDITIONAL DEFENDANTS
OP(C) NOs. 1058 & 1012 OF 2023
APPENDIX OF OP(C) 1012/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF PLAINT DATED 21.3.2016 IN O.S.
NO.2317/2016 BEFORE THE COURT OF 1ST
ADDITIONAL MUNSIFF COURT, THIRUVANANTHAPURAM
Exhibit P1(a) TRUE COPY OF AD-INTERIM ORDER OF INJUNCTION
DATED 20.12.2016 IN I.A. NO.11096/2016 IN
O.S. NO.2317/2016 BY THE COURT OF 1ST
ADDITIONAL MUNSIFF COURT, THIRUVANANTHAPURAM
Exhibit P2 TRUE COPY OF TAX RECEIPT DATED 5.8.2019 IN
THE NAME OF 1ST PETITIONER
Exhibit P3 TRUE COPY OF TAX RECEIPT DATED 5.8.2019 IN
THE NAME OF 2ND PETITIONER
Exhibit P4 TRUE COPY OF TAX RECEIPT DATED 5.8.2019 IN
THE NAME OF 3RD PETITIONER
Exhibit P5 TRUE COPY OF REPORT OF REGISTRATION DEPUTY
INSPECTOR GENERAL, SOUTHERN REGION DATED
26.10.2016
Exhibit P6 TRUE COPY OF ORDER DATED 28.1.2019 BY
REGISTRATION INSPECTOR GENERAL DIRECTING TO
REMOVE THE ENCUMBRANCE FROM THE PROPERTY OF
PETITIONERS IN NEMOM SUB REGISTRY CREATED ON
THE BASIS OF FORGED DOCUMENTS
Exhibit P7 TRUE COPY OF FINAL REPORT DATED 14.3.2018 BY
REGISTRATION DEPUTY INSPECTOR GENERAL,
SOUTHERN REGION
Exhibit P8 TRUE COPY OF PLAINT DATED 12.8.2013 IN O.S.
NO.636/2013 FILED BY 1ST PETITIONER BEFORE
1ST ADDITIONAL SUB COURT, THIRUVANANTHAPURAM
Exhibit P9 TRUE COPY OF PLAINT DATED 12.8.2013 IN O.S.
NO.637/2013 FILED BY 2ND PETITIONER BEFORE
THE 1ST ADDITIONAL SUB COURT,
THIRUVANANTHAPURAM
Exhibit P10 TRUE COPY OF PLAINT DATED 12.8.2013 IN O.S.
NO.638/2013 BEFORE THE 1ST ADDITIONAL SUB
COURT, THIRUVANANTHAPURAM
Exhibit P11 TRUE COPY OF I.A. DATED 16.3.2020 IN O.S.
NO.2317/2016 BEFORE THE 1ST ADDITIONAL
MUNSIFF'S COURT, THIRUVANANTHAPURAM SEEKING
TO IMPLEAD THE PETITIONERS AS ADDITIONAL
DEFENDANTS 2 TO 4
Exhibit P12 TRUE COPY OF COUNTER STATEMENT DATED
26.7.2022 SEEKING TO SET ASIDE THE INJUNCTION
APPLICATION IN O.S. NO.2317/2016 BEFORE THE
OP(C) NOs. 1058 & 1012 OF 2023
1ST ADDITIONAL MUNSIFF COURT,
THIRUVANANTHAPURAM
Exhibit P13 TRUE COPY OF WRITTEN STATEMENT DATED
26.7.2022 IN O.S. NO.2317/2016 BEFORE THE 1ST
ADDITIONAL MUNSIFF COURT, THIRUVANANTHAPURAM
