Prince vs Jackson
2024 Latest Caselaw 27011 Ker

Kerala High Court

Prince vs Jackson on 6 September, 2024

OP(C) No.1975/2024                            1/2

                        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                      THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
                Friday, the 6th day of September 2024 / 15th Bhadra, 1946

                                 OP(C) NO. 1975 OF 2024

                           CMA 24/2023 OF THE SUB COURT,PALA

              IA 3/2023 IN OS 152/2023 OF THE MUNSIFF'S COURT,ERATTUPETTA

   PETITIONER(S)/RESPONDENTS IN CMA/RESPONDENTS IN IA/DEFENDANTS IN OS:

      1. PRINCE, AGED 43 YEARS, S/O SCARIA, VADAKKEL HOUSE, VELLIKULAM KARA,
         TEEKOY VILLAGE, MEENCHIL TALUK, KOTTAYAM DISTRICT, PIN - 686580
      2. PIOUS AGED 54 YEARS S/O SCARIA, VADAKKEL HOUSE, VELLIKULAM KARA,
         TEEKOY VILLAGE, MEENCHIL TALUK, KOTTAYAM DISTRICT, PIN - 686580

   RESPONDENT(S)/APPELLANT IN CMA/APPLICANT IN IA/PLAINTIFF IN OS:

          JACKSON S/O CHERIAN, KANJIRATHUMOOTTIL HOUSE, THODUPUZHA P.O.,
          THODUPUZHA TALUK, IDUKKI DISTRICT, PIN - 685584, KERALA, HOLDER OF
          INDIAN PASSPORT NO. Z 3387443 NOW WORKING AT BAHARIN, AND RESIDING
          AT FLAT/VILLA 53, BLDG 322 ROAD 1910 RD NAME R 1910/1910, BLOCK 319,
          MANAMA/ALHOORA REPRESENTED BY POA HOLDER, THOMAS S/O MATHAI,
          MADATHIL HOUSE, MANARKAD P.O., MANARKADU VILLAGE, THODUPUZHA TALUK,
          IDUKKI DISTRICT, PIN - 685583

        Op (civil) praying inter alia that in the circumstances stated in
   the affidavit filed along with the OP(C) the High Court be pleased to pass
   an order staying the operation of Exbt.P14 judgment and pass such other
   orders that this Hon'ble court may be pleaed to pass enabling the
   petitioners to use the plaint B schedule road without any let or hindrance
   by the respondent, his family members, men and agents, pending disposal of
   the above Original Petition (Civil).
        This petition coming on for admission upon perusing the petition and
   the affidavit filed in support of OP(C) and upon hearing the arguments of
   SRI.S.V.BALAKRISHNA IYER, SENIOR ADVOCATE     ALONG WITH M/S.MANU VYASAN
   PETER, P.B.SUBRAMANYAN, SABU GEORGE, B.ANUSREE, MEERA P. & MANU VYASAN
   PETER, Advocates for the petitioners, the court passed the following:
                                      ORDER

Admit.

Issue notice by speed post to the respondent.

The injunction granted by the appellate court as per Ext.P14 with respect to trespass into the plaint 'B' schedule property alone shall stand stayed for a period of one month.

Sd/- M.A.ABDUL HAKHIM JUDGE

06-09-2024 /True Copy/ Assistant Registrar

APPENDIX OF OP(C) 1975/2024 Exhibit P14 TRUE COPY OF THE ORDER OF THE SUB COURT, PALA IN C.M.A NO. 23/2023 DATED 31.07.2024