M/S Artech Lake Garden Owners ... vs M/S Artech Lake View Owners Association
2024 Latest Caselaw 18913 Ker

Kerala High Court

M/S Artech Lake Garden Owners ... vs M/S Artech Lake View Owners Association on 28 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 28TH DAY OF JUNE 2024 / 7TH ASHADHA, 1946
                      CRP NO. 376 OF 2023
   AGAINST THE ORDER/JUDGMENT DATED 01.08.2023 IN IA NO.1 OF
2023 IN CMA NO.13 OF 2023 OF DISTRICT COURT & SESSIONS COURT,
  THIRUVANANTHAPURAM ARISING OUT OF THE ORDER/JUDGMENT DATED
 22.09.2022 IN OS NO.807 OF 2019 OF PRINCIPAL MUNSIFF COURT,
                       THIRUVANANTHAPURAM
REVISION PETITIONER/APPELLANT/PLAINTIFF:

         M/S ARTECH LAKE GARDEN OWNERS ASSOCIATION
         REGISTERED OFFICE, GROUND FLOOR ARTECH LAKE
         GARDEN. ORUVATHILKOTTA P.O., ANAYARA,
         NEAR BYPASS TOLL JUNCTION, KADAKAMPALLY,
         THIRUVANANTHAPURAM 695029,
         REPRESENTED BY ITS SECRETARY, MANOJ SURENDRAN,
         AGED 44 YEARS, S/O P.N.SURENDRAN FLAT NO.16H
         ARTECH LAKE GARDEN, ORUVATHILKOTTA P.O.,
         ANAYARA, NEAR BYPASS TOLL JUNCTION,
         KADAKAMPALLY, THIRUVANANTHAPURA, PIN - 695029
         BY ADVS.
         K.M.SATHYANATHA MENON
         A.SANTHOSH KUMAR
         KAVERY S THAMPI
RESPONDENT/RESPONDENT/DEFENDANT:

         M/S ARTECH LAKE VIEW OWNERS ASSOCIATION
         REGISTERED OFFICE, GROUND FLOOR ARTECH VIEW,
         ORUVATHILKOTTA P.O., ANAYARA,
         NEAR BYPASS TOLL JUNCTION, KADAKAMPALLY,
         THIRUVANANTHAPURAM 695029,
         REPRESENTED BY ITS SECRETARY, SANJEEV,
         AGED 48 YEARS, S/O SIVADAS, FLAT NO.6D,
         ARTECH LAKE VIEW, ORUVATHILKOTTA P.O.,
         ANAYARA, NEAR BYPASS TOLL JUNCTION,
         KADAKAMPALLY, THIRUVANANTHAPURAM, PIN - 695029
         BY ADVS.
         V.HARISH
         RAJAN VISHNURAJ(K/653/2010)

     THIS CIVIL REVISION PETITION HAVING COME UP FOR
ADMISSION ON 28.06.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 CRP No.376/2023
                                        ..2..




                                 ORDER

This C.R.P. has been filed challenging the order passed by the District

Court, Thiruvananthapuram in I.A.No.1/2023 in C.M.A. No.13/2023.

2. The revision petitioner is the plaintiff and the respondent is the

defendant in O.S.No.807/2019 on the file of Principal Munsiff Court,

Thiruvananthapuram. The defendant filed an application for interim

injunction as I.A.No.9143/2019. It was allowed by the learned Munsiff. The

said order was challenged before the District Court in C.M.A.No.13/2023.

Since there was delay of 80 days in filing C.M.A., I.A.No.1/2023 was filed to

condone the delay. It was dismissed as per the impugned order.

3. I have heard both sides.

4. The reason shown for the delay by the petitioner is that, the

appeal is concerning an association which needs approval and some delay has

been occurred in getting that approval. The learned District Judge found that

it is not a satisfactory explanation for the delay. At any rate, there is delay of

only 80 days. The condonation of the delay is the discretion of the court.

Considering the entire facts and circumstances of the case, I am of the view

that the learned District Judge ought to have exercised discretion in favour of

..3..

the petitioner. Hence, the impugned order is set aside. I.A.No.1/2023 stands

allowed on condition that the petitioner shall pay cost of Rs.2,000/- to the

counsel appearing for the respondents herein, within a week and produce the

receipt before the learned District Judge, Thiruvananthapuram. On payment

of cost, C.M.A.No.13/2023 shall stand restored. It shall be disposed of by the

District Judge, in accordance with law. The parties shall appear before the

District Court, Thiruvananthapuram on 10/07/2024.

The C.R.P. is disposed of as above.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE APA

..4..

RESPONDENT ANNEXURES

ANNEXURE R1 A TRUE PHOTOCOPY OF THE INTEGRATED CONSENT TO ESTABLISH DATED 22.10.2009 ISSUED BY THE PCB TO M/S ARTECH REALTORS PRIVATE LIMITED ANNEXURE R2 A TRUE PHOTOCOPY OF THE INTEGRATED CONSENT TO ESTABLISH DATED 1.11.2010 ISSUED IN FAVOUR OF THE PETITIONER'S BUILDING HAVING 158 APARTMENTS AS MENTIONED IN PAGE-2, BY THE PCB TO M/S ARTECH RELATORS PRIVATE LIMITED ANNEXURE R3 A TRUE PHOTOCOPY OF THE INTEGRATED CONSENT TO OPERATE DATED 17.04.2019 ISSUED TO THE RESPONDENT ANNEXURE R4 A TRUE PHOTOCOPY OF THE PRESENT INTEGRATED CONSENT TO OPERATE DATED 25.09.2022 ISSUED TO THE RESPONDENT ANNEXURE R5 A TRUE PHOTOCOPY OF THE L.A IN 1 OF 2023 IN CMA NO. 13 OF 2023 ANNEXURE R6 A TRUE PHOTOCOPY OF THE OBJECTION FILED BY THE

OF 2023 ANNEXURE R7 A TRUE PHOTOCOPY OF THE ORDER DATED 29.03.2023 PASSED BY THE HONOURABLE PRINCIPAL MUNSIFF COURT THIRUVANANTHAPURAM ANNEXURE R8 A TRUE PHOTOCOPY OF THE ADVOCATE COMMISSION REPORT FILED BEFORE THE HONOURABLE PRINCIPAL MUNSIFF COURT, THIRUVANANTHAPURAM IN OS NO 807 OF 2023 ANNEXURE R9 A TRUE PHOTOCOPY OF THE RTI REPLY DATED 09.05.2019 ISSUED BY THE PUBLIC LNFORMATION OFFICER OF THE PCB, THIRUVANANTHAPURAM TO ONE MR BABUDAS ANNEXURE R10 A TRUE COPY OF THE REPORT DATED 08.11.2023 OF THE HEALTH LNSPECTOR, KADAKAMPALLY ZONAL, CORPORATION (OBTAINED UNDER RTI BY THE SECRETARY OF THE RESPONDENT)