O.M.Joy vs O.M.Jacob
2024 Latest Caselaw 31743 Ker

Kerala High Court

O.M.Joy vs O.M.Jacob on 6 November, 2024

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
        Wednesday, the 6th day of November 2024 / 15th Karthika, 1946
                     IA.NO.1/2024 IN RSA NO. 572 OF 2024
                     AS 5/2023 OF SUB COURT, PERUMBAVOOR
                   OS 36/2014 OF MUNSIFF COURT, KOLENCHERY
APPLICANT/APPELLANT:

  1. O.M.JOY, AGED 73 YEARS, S/O. MATHAI, RESIDING AT OLIYIL HOUSE,
     PERUMPILLY KARA, MULAMTHURUTHY VILLAGE, KANAYANNOOR TALUK,ERNAKULAM
     DISTRICT. , PIN - 682314

RESPONDENT/RESPONDENT:

  1. O.M.JACOB, AGED 77 YEARS, S/O. MATHAI, RESIDING AT OLIYIL HOUSE,
     THIRUVANIYOOR KARA, THIRUVANIYOOR VILLAGE, KUNNATHUNADU TALUK,
     VETTICKAL P.O. , PIN - 682314

     Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to direct all parties
to the above appeal to maintain status quo as reported in Exts.C1,C1(a) in
respect of the Counter Claim B schedule pathway described in the schedule
filed herewith, till the disposal of the above Second Appeal.
     This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and upon hearing the arguments
of M/S.DINESH R.SHENOY, KRIPA ELIZABETH MATHEWS, Advocates for the
petitioners and of SRI.S.KRISHNANUNNI, Senior Advocate along with
SRI.P.FAZIL, Advocates for the Respondent (B/O), the court passed the
following:
                          M.A.ABDUL HAKHIM, J.
                        -----------------------------------
                           RSA No. 572 of 2024
                  ----------------------------------------------
              Dated this the 6th day of November, 2024

                                  ORDER

1. When this matter came up for admission, the respondent

appeared through Senior Counsel Sri. S. Krishnanunni

instructed by Adv. P. Fazil. I heard the learned counsel for the

appellant Sri. Dinesh R. Shenoy and the learned Senior

counsel for the respondent.

2. On going through the impugned judgments, I am of the view

that, this matter could be disposed of at the admission stage

itself, after hearing the parties. Accordingly, the Trial Court

Records are call for.

3. This is an application to maintain status quo as reported in

Ext. C1, C1(a) in respect of the counterclaim B schedule

pathway. It is stated in the affidavit that, even though the

appeal was dismissed, the First Appellate Court had granted

an interim order of status quo till 03.11.2024. The learned

counsel for the appellant submits that, immediately after the

expiration of the said order the respondent has fixed a gate on

the counterclaim B schedule pathway. The learned Senior

Counsel for the respondents submitted that it is made only for

the purpose of ensuring privacy of the counterclaim B

schedule way, and the said gate will be kept open for the

usage of counterclaim claim B schedule way by the appellant

and his men. The said submission is recorded.

4. In view of the said submission, no further order is passed.

5. Post on 05.12.2024.

Sd/-

M.A.ABDUL HAKHIM JUDGE mus

06-11-2024 /True Copy/ Assistant Registrar