Thomas vs George Muthanatt
2024 Latest Caselaw 15966 Ker

Citation : 2024 Latest Caselaw 15966 Ker
Judgement Date : 7 June, 2024

Kerala High Court

Thomas vs George Muthanatt on 7 June, 2024

Author: Kauser Edappagath

Bench: Kauser Edappagath

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
        THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
   FRIDAY, THE 7TH DAY OF JUNE 2024 / 17TH JYAISHTA, 1946
                      OP(C) NO. 2451 OF 2023
 AGAINST THE ORDER DATED 23.09.2023 IN CMA NO.19 OF 2022 OF
 ADDITIONAL SUB COURT, THALASSERY ARISING OUT OF THE ORDER
 DATED 25.08.2022 IN IA 6/22 IN OS NO.285 OF 2022 OF MUNSIF
                       COURT, KUTHUPARAMBA
PETITIONERS/APPELLANTS/DEFENDANTS:

    1       THOMAS, AGED 60 YEARS
            S/O. LATE DEVASSYA, AGRICULTURIST, MUTHANATT
            HOUSE, KOTTIYOOR AMSOM DESOM, KOTTIYOOR P.O,
            IRITTY TALUK, KANNUR DISTRICT, PIN - 670571

    2       BINDU, AGED 50 YEARS, W/O THOMAS, MUTHANATT HOUSE,
            KOTTIYOOR AMSOM DESOM, KOTTIYOOR P.O, IRITTY
            TALUK, KANNUR DISTRICT, PIN - 670571

            BY ADV T.V.GEORGE


RESPONDENT/RESPONDENT/PLAINTIFF:

            GEORGE MUTHANATT, AGED 47 YEARS
            S/O. THRESSYA, KOTTIYOOR AMSOM DESOM, KOTTIYOOR
            P.O, IRITTY TALUK, KANNUR DISTRICT, PIN - 670571

            BY ADV AJITH VISWANATHAN


     THIS    OP   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
07.06.2024, ALONG WITH OP(C).2372/2023, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
 O.P.(C).Nos.2372 & 2451 of 2023

                                  -:2:-

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
         THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
   FRIDAY, THE 7TH DAY OF JUNE 2024 / 17TH JYAISHTA, 1946
                    OP(C) NO. 2372 OF 2023
 AGAINST THE ORDER DATED 23.09.2023 IN CMA NO.15 OF 2022 OF
  ADDITIONAL SUB COURT, THALASSERY ARISING OUT OF THE ORDER
    DATED 25.08.2022 IN IA 2/2022 IN OS NO.285 OF 2022 OF
                  MUNSIF COURT, KUTHUPARAMBA
PETITIONERS/APPELLANTS/DEFENDANTS:

    1       THOMAS, AGED 60 YEARS, S/O. LATE DEVASSYA,
            AGRICULTURIST, MUTHANATT HOUSE, KOTTIYOOR AMSOM
            DESOM, KOTTIYOOR P.O, IRITTY TALUK, KANNUR
            DISTRICT, PIN - 670571

    2       BINDU, AGED 50 YEARS
            W/O. THOMAS, MUTHANATT HOUSE, KOTTIYOOR AMSOM
            DESOM, KOTTIYOOR P.O, IRITTY TALUK, KANNUR
            DISTRICT, PIN - 670571

            BY ADV T.V.GEORGE


RESPONDENTS:

            GEORGE MUTHANATT, AGED 47 YEARS
            S/O. THRESSYA, KOTTIYOOR AMSOM DESOM, KOTTIYOOR
            P.O, IRITTY TALUK, KANNUR DISTRICT, PIN - 670571

            BY ADV AJITH VISWANATHAN


     THIS    OP   (CIVIL)   HAVING    COME   UP   FOR   ADMISSION   ON
07.06.2024, ALONG WITH OP(C).2451/2023, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
 O.P.(C).Nos.2372 & 2451 of 2023

                                  -:3:-

                         JUDGMENT

The matter has been settled in mediation. A compromise

petition filed under order XXIII Rule 3 of the Code of Civil

Procedure has been filed by the parties before the Munsiff's

Court, Kuthuparamba in O.S.No.285/2022, in terms of the

settlement arrived at the mediation.

Hence, these original petitions are closed.

sd/-

DR. KAUSER EDAPPAGATH JUDGE kp O.P.(C).Nos.2372 & 2451 of 2023

APPENDIX OF OP(C) 2372/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE PLAINT BEFORE THE MUNSIFF COURT, KUTHUPARAMBA AS O.S NO:

285/2022 DTD.29.6.'22 FILED BY THE RESPONDENT HEREIN

Exhibit P2 TRUE COPY OF THE INJUNCTION APPLICATION AS I.A NO: 2/2022 IN O.S NO: 285/'22 DTD. 29.6.'22

Exhibit P3 TRUE COPY OF INTERIM INJUNCTION ORDER IN I.A 2/'22 IN O.S NO: 285/'22 DATED 30.6.2022

Exhibit P4 TRUE COPY OF THE COMMISSION REPORT AS I.A NO: 3/'22 IN O.S NO: 285/'22

Exhibit P4(a) TRUE COPY OF ROUGH SKETCH AS I.A NO:

3/'22 IN O.S NO: 285/'22

Exhibit P5 TRUE COPY OF THE WRITTEN STATEMENT FILED BEFORE THE MUNSIFF COURT, KUTHUPARAMBA IN O.S NO: 285/'22 DATED 11.3.'23

Exhibit P6 TRUE COPY OF THE OBJECTION IN I.A NO:

2/'22 BEFORE THE MUNSIFF COURT, KUTHUPARAMBA IN OS NO: 285/'22 IN JULY

Exhibit P7 TRUE COPY OF SAID COMMISSION REPORT IN O.S NO: 25/'15 BEFORE THE MUNSIFF COURT, KUTHUPARAMBA DATED 23.02.'15

Exhibit P7(a) TRUE COPY OF SKETCH PLAN IN O.S NO:

25/'15 BEFORE THE MUNSIFF COURT, KUTHUPARAMBA DATED 23.02.'15 O.P.(C).Nos.2372 & 2451 of 2023

Exhibit P8 TRUE COPY OF PHOTOGRAPH SHOWING THE BLOCK CREATED BY THE RESPONDENT IN THE MUD ROAD

Exhibit P9 TRUE COPY OF PHOTOGRAPH SHOWING THE LIE OF THE MUD ROAD STARTING FROM PERAVOOR - KOTTIYOOR PWD ROAD,

Exhibit P10 TRUE COPY OF PHOTOGRAPH SHOWING THE BLOCK MADE BY THE RESPONDENT BY UNLOADING HEAVY GRANITE RUBLES

Exhibit P11 TRUE COPY OF PHOTOGRAPHS SHOWING THE LIE OF THE ROAD WHICH STARTS FROM PWD ROAD AND PASSES THROUGH RESPONDENT'S PROPERTY AND THAT OF THE PETITIONERS'S PROPERTY AND PASSES FURTHER TOWARDS SOUTHERN SIDE

Exhibit P12 TRUE COPY OF COMMON ORDER DATED 25.8.2022 IN I.A NO: 02/'22 IN O.S NO:

285/'22 PASSED BY THE MUNSIFF COURT, KUTHUPARAMBA

Exhibit P13 CERTIFIED COPY OF COMMON JUDGMENT IN CMA NO: 15/'22 DTD. 23.09.'23 PASSED BY THE ADDL. SUB JUDGE, THALASSERY

Exhibit P14 TRUE COPY OF APPEAL MEMORANDUM IN CMA NO: 15/'22 BEFORE THE DISTRICT COURT, THALASSERY

Exhibit P15 TRUE COPY OF PLAINT IN OS NO: 25/2015 BEFORE THE MUNSIFF COURT, KUTHUPARAMBA

Exhibit P16 TRUE COPY OF AGREEMENT DATED 18.5.2013 BETWEEN ANTONY MUTHANATT AND THE DEFENDANTS

Exhibit P 17 TRUE COPY OF DOCUMENT NO;2142/'84 OF SRO PERAVOOR DATED 26.9.1984 O.P.(C).Nos.2372 & 2451 of 2023

Exhibit P18 TRUE COPY OF BASIC TAX RECEIPT ISSUED BY THE VILLAGE OFFICER, KOTTIYOOR DTD 15.6.2022 O.P.(C).Nos.2372 & 2451 of 2023

APPENDIX OF OP(C) 2451/2023

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE PLAINT IN O.S NO:

285/'22 DATED 29.6.'22 BEFORETHE MUNSIFF COURT, KUTHUPARAMBA

Exhibit P2 TRUE COPY OF I.A NO: 02/'22 IN O.S NO:

285/'22 DTD. 29.6.'22 BEFORE THE MUNSIFF COURT, KUTHUPARAMBA

Exhibit P3 TRUE COPY OF INTERIM INJUNCTION ORDER IN I.A 2/22 IN O.S NO: 285/'22 DATED 30.6.2022

Exhibit P4 TRUE COPY OF THE COMMISSION REPORT IN I.A NO: 03/'22 IN O.S NO: 285/'22

Exhibit P4(a) TRUE COPY OF ROUGH SKETCH IN I.A NO:

03/'22 IN O.S NO: 285/'22

Exhibit P5 TRUE COPY OF WRITTEN STATEMENT DTD 11.3.2023 BEFORE THE MUNSIFF COURT, KUTHUPARAMBA IN I.A NO: 2/'22 IN O.S NO.285/'22

Exhibit P6 TRUE COPY OF OBJECTION TO THE INTERIM INJUNCTION APPLICATION BEFORE THE MUNSIFF COURT, KUTHUPARAMBA IN I.A NO:

2/'22 IN O.S NO: 285/'22 IN JULY '22

Exhibit P7 TRUE PHOTOGRAPHS OF THE BLOCKADE OF GRANITE STONES

Exhibit P8 TRUE COPY OF MANDATORY INJUNCTION APPLICATION AS I.A NO:6/2022 IN OS NO: 285/'22 IN JULY '22 FILED BEFORE THE MUNSIFF COURT, KUTHUPARAMBA O.P.(C).Nos.2372 & 2451 of 2023

Exhibit P9 TRUE COPY OF COUNTER AFFIDAVIT DTD 03.04.'23 IN I.A NO: 06/'22

Exhibit P10 TRUE COPY OF THE COMMON ORDER DATED 25.8.2022 IN I.A; 6/'22 I O.S NO:

285/'22 PASSED BY THE MUNSIFF COURT, KUTHUPARAMBA

Exhibit P11 TRUE COPY OF THE APPEAL MEMORANDUM IN CMA NO: 19/'22 BEFORE THE DISTRICT COURT, THALASSERY

Exhibit P12 TRUE COPY OF COMMON JUDGMENT IN CMA NO: