Kerala High Court
Mohandas.N.S vs K.M.Varghese on 11 September, 2024
2024:KER:69343
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
WEDNESDAY, THE 11TH DAY OF SEPTEMBER 2024 / 20TH BHADRA, 1946
OP(C) NO. 2002 OF 2024
AGAINST THE ORDER/JUDGMENT DATED 29.06.2024 IN OS NO.550 OF 2023
OF PRINCIPAL MUNSIFF COURT, ERNAKULAM ARISING OUT OF THE ORDER/JUDGMENT
DATED 29.06.2024 IN OS NO.550 OF 2023 OF PRINCIPAL MUNSIFF COURT,
ERNAKULAM
PETITIONER:
MOHANDAS.N.S
AGED 54 YEARS
PAULIN BUILDING, T.D ROAD, KOCHI, PIN - 682011
BY ADV ARUN VALENCHERY
RESPONDENTS:
1 K.M.VARGHESE
AGED 82 YEARS
SURREJ COTTAGE, G-137, OPPOSITE SHOPPING COMPLEX, PANAMPALLY
NAGAR P.O, KOCHI, PIN - 682036
2 K.ARAVINDAKSHAN
AGED 75 YEARS
G-149, OPPOSITE SHOPPING COMPLEX, PANAMPALLY NAGAR P.O,
KOCHI, PIN - 682036
3 SMT. BEENA P.G, ASST.ENGINEER
AGED 45 YEARS
ASST.ENGINEER, KOCHI CORPORATION, ZONAL OFFICE, VYTTILA P.O,
KOCHI, PIN - 682019
4 THE SECRETARY, KOCHI CORPORATION
AGED 40 YEARS
KOCHI CORPORATION, PARK AVENUE, KOCHI, PIN - 682011
BY ADV D.G.VIPIN
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 11.09.2024, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C) No. 2002 of 2024 :2:
2024:KER:69343
VIJU ABRAHAM , J.
===========================
OP(C) No. 2002 of 2024
============================
Dated this the 11th day of September, 2024
JUDGMENT
Above original petition is filed challenging Ext.P6 order.
2. Petitioner purchased several extent of land as per Sale
Deed No.4502 of 2014. Petitioner with an intention to repair the tiled
roof by erecting a truss and sheet over it, started its work to prevent
leakage during rainy season. Thereupon the respondents filed a
complaint alleging illegal construction. Against which petitioner filed
OS No.550 of 2023 seeking interim injunction against the
respondents.
3. The respondents entered appearance and filed written
statement contending that the truss work erected by the petitioner
is not as stipulated by law and raised a counter claim and a relief for
its demolition. Against the counter claim petitioner filed Ext.P3
written statement and filed an application to adjudicate its
maintainability. The application filed as IA No.8 of 2023 seeking to
dismiss the counter claim was dismissed as per Ext.P6 order. It is
Ext.P6 that is challenged in this original petition. The contention of
the petitioner is that Ext.P6 is a cryptic non-speaking order without
2024:KER:69343
application of mind, and that the counter claim now raised cannot be
adjudicated by the trial Court as it is separate and different from the
petitioner's cause of action.
4. I have heard the learned Counsel appearing for the
petitioner.
5. A perusal of Ext.P6 order would reveal that the contention
raised by the petitioner has been considered properly by the trial
Court. The contention of the petitioner that in the counter claim no
separate and distinct relief could be sought for was rejected by the
trial Judge. The Court held that to avoid multiplicity of the suit and it
is in the best interest of justice to try and dispose the counter claim
in the present suit. A perusal of Ext.P6 revealed that valid reasons
has been shown by the Court to reject the application. Therefore, I
find no reason to interfere with the same.
The original petition is accordingly dismissed.
Sd/-
VIJU ABRAHAM
JUDGE
sbk/-
2024:KER:69343
APPENDIX OF OP(C) 2002/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF PLAINT FILED BY THE
PETITIONER PENDING BEFORE MUNSIFF'S COURT-
II, ERNAKULAM
Exhibit P2 TRUE COPY OF THE WRITTEN STATEMENT AND
COUNTER CLAIM FILED BY THE RESPONDENTS 1 &
Exhibit P3 TRUE COPY OF THE WRITTEN STATEMENT TO THE
COUNTER CLAIM FILED BY THE PETITIONER
Exhibit P4 TRUE COPY OF THE I.A. NO.8 OF 2023 FILED
BY THE PETITIONER DATED 20.10.2023
Exhibit P5 COUNTER AFFIDAVIT FILED BY THE RESPONDENTS
Exhibit P6 TRUE COPY OF THE ORDER IN I.A.NO.8/2023
DATED 29-06-2024 PASSED BY MUNSIFF'S
COURT-II, ERNAKULAM IN I.A.NO.8/2023
