Kerala High Court
Jayan vs M/S. Health Space International ... on 30 October, 2024
OP(C).No.2399 of 2024 1
2024:KER:81007
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 30TH DAY OF OCTOBER 2024 / 8TH KARTHIKA, 1946
OP(C) NO. 2399 OF 2024
AGAINST THE ORDER/JUDGMENT DATED 31.08.2024 IN CMA
NO.48 OF 2024 OF DISTRICT COURT & SESSIONS COURT, PALAKKAD
ARISING OUT OF THE ORDER/JUDGMENT DATED IN OS NO.374 OF 2021
OF MUNSIFF COURT, CHITTUR
PETITIONER/S:
1 JAYAN
AGED 46 YEARS
S/O. ACHUTHAN, THEKKETHIL HOUSE, ERUKALAM PARA,
PARISIKKAL POST, VADAKARAPATHY VILLAGE, CHITTUR
TALUK, PALAKKAD DISTRICT., PIN - 678556
2 SHEEBA
AGED 42 YEARS
W/O. JAYAN, THEKKETHIL HOUSE, ERUKALAM PARA,
PARISIKKAL POST, VADAKARAPATHY VILLAGE, CHITTUR
TALUK, PALAKKAD DISTRICT., PIN - 678556
BY ADVS.
P.R.VENKATESH
ASHA P.KURIAKOSE
LAKSHMI MEENAKSHI P.R.
RESPONDENT/S:
M/S. HEALTH SPACE INTERNATIONAL SERVICE PVT. LTD
A PRIVATE LIMITED COMPANY REGISTERED AS PER THE
COMPANIES ACT 1956. REGISTRATION NO. 018592 HAVING
REGISTERED OFFICE AT PICHNAUR POST, MADUKKARA
ROAD, RANGASAMUDRAM, COIMBATORE DISTRICT, TAMIL
NADU-641105 REPRESENTED BY ITS MANAGING DIRECTOR,
M.R. DHINIL, AGED 34 YEARS, S/O. M.S.
OP(C).No.2399 of 2024 2
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RAMACHANDRAN, MANAYIL HOUSE, GURUVAYUR POST,
GURUVAYUR DESOM, CHAVAKKAD TALUK, THRISSUR, KERALA
STATE, PIN - 680101
BY ADVS.
MANU VYASAN PETER
P.B.KRISHNAN (SR.)(K/1193/1994)
P.B.SUBRAMANYAN(K/1145/2009)
SABU GEORGE(K/000711/1998)
B.ANUSREE(K/000951/2016)
MEERA P.(K/000191/2019)
AISWARYA MOHAN(K/274/2020)
CHITRA JOHNSON(K/000924/2018)
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
30.10.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(C).No.2399 of 2024 3
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VIJU ABRAHAM,J
-------------------
OP(C).No.2399 of 2024
-------------------------------
Dated this the 30th day of October, 2024
JUDGMENT
The petitioners have approached this Court
challenging Ext.P12 order, whereby the appellate
court directed the petitioners by an order of
mandatory injunction to remove the green net placed
in the 'C' schedule property to reach plaint 'B'
schedule property and also the gate placed by the
respondents therein within a period of one month
from today.
2. When the matter came up for consideration
today, the learned counsel for the petitioners
submits that they are prepared to keep the gate
placed by them in 'C' schedule property open, till
the disposal of the suit.
3. The learned counsel appearing for the
respondent would submit that they are also
agreeable for the said arrangement till the
disposal of the suit. The said undertaking of the
petitioners is recorded and the gate placed in 'C'
2024:KER:81007
schedule property shall be kept open till the
disposal of OS No.374 of 2021. Since the partis
have agreed to the above said arrangement it is
ordered that the direction in Ext.P12 shall not be
implemented. The trial court shall expedite the
disposal of the suit untrammelled by any of the
observations in Ext.P10 and Ext.P12.
Accordingly, the original petition is disposed
of.
sd/-
VIJU ABRAHAM,
JUDGE
pm
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APPENDIX OF OP(C) 2399/2024
PETITIONERS' EXHIBITS
Exhibit P1 TRUE COPY OF THE PLAINT IN OS NO. 374/2021
DATED 22.12.2021 BEFORE THE MUNSIFF COURT,
CHITTUR
Exhibit P2 TRUE COPY OF THE WRITTEN STATEMENT 13.9.2023
FILED BY THE DEFENDANTS IN THE PLAINT IN OS
NO. 374/2021 DATED 22.12.2021 BEFORE THE
MUNSIFF COURT, CHITTUR
Exhibit P3 TRUE COPY OF IA NO. 2407/21 DATED 22.12.2021
Exhibit P4 TRUE COPY OF COUNTER STATEMENT IN I.A. NO.
2407/21 DATED 11.1.2023
Exhibit P5 TRUE COPY OF AMENDMENT APPLICATION IA
1801/22 DATED 31.8.2022
Exhibit P6 TRUE COPY OF THE COMMISSION REPORT DATED
10.1.2022 AND THE SKETCH
Exhibit P7 TRUE COPY OF REPORT AND PLAN DATED 5.8.2022
Exhibit P8 TRUE COPY OF ASSIGNMENT DEED NO. 1913/2014
DATED 24.10.2014 OF SRO KOZHINJAMPARA
Exhibit P9 TRUE COPY OF SETTLEMENT DEED NO. 1882/2011
OF SRO KOZHINJAMPARA DATED 4.8.2011
Exhibit P10 TRUE COPY OF ORDER DATED 26.3.2024 IN IA NO.
2407/21 IN OS NO. 374/21 PASSED BY MUNSIFF
COURT, CHITTUR
Exhibit P11 TRUE COPY OF APPEAL IN CMA NO. 48/24 DATED
18.5.2024 OF DISTRICT COURT, PALAKKAD
Exhibit P12 TRUE COPY OF ORDER DATED 31.8.2024 IN CMA
NO. 48/2024 OF THE DISTRICT JUDGE, PALAKKAD
