Sebastian @ Maniyan vs Johny.P.T
2024 Latest Caselaw 27370 Ker

Kerala High Court

Sebastian @ Maniyan vs Johny.P.T on 11 September, 2024

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM
       Wednesday, the 11th day of September 2024 / 20th Bhadra, 1946

                       IA.NO.1/2024 IN RSA NO. 266 OF 2024

                 AS.NO.29/2021 OF THE SUB COURT,ALAPPUZHA

        OS.NO.394/2016 OF THE ADDITIONAL MUNSIFF COURT, ALAPPUZHA.

APPLICANT/APPELLANT:

     SEBASTIAN @ MANIYAN, AGED 67 YEARS, S/O DANIEL, PALLIPPARAMBIL
     HOUSE, WARD NO.14, PUNNAPRA SOUTH PANCHAYAT, PUNNAPRA MURI, PUNNAPRA
     VILLAGE, AMBALAPPUZHA TALUK, ALAPPUZHA DISTRICT, PIN - 688 004.

RESPONDENT/RESPONDENT:

     JOHNY.P.T., AGED 58 YEARS, PALLIPPARAMBIL HOUSE, WARD NO.14,
     PUNNAPRA SOUTH PANCHAYAT, PUNNAPRA MURI, PUNNAPRA VILLAGE,
     AMBALAPPUZHA TALUK, ALAPPUZHA DISTRICT, PIN - 688 004.

     Application praying that in the circumstances stated in the
affidavit filed therewith, the High Court be pleased to stay the operation
of decree passed in OS.No.394/2016 dated 23.01.2021 of Addl.Munsiff Court,
Alappuzha which was confirmed by the Judgment and Decree dated 24.01.2024
in AS.No.29/2021 of Sub Court, Alappuzha pending dispsoal of the Regular
Second Appeal in the interest of justice.
     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.C.G.BINDU and AJITHA C.G., Advocates for the petitioner, the court
passed the following:
                               M.A.ABDUL HAKHIM, J.
                             =====================
                                  RSA No. 266 of 2024
                               ================
                       Dated this the 11th day of September, 2024
                      =============================
                                 ORDER

1. This Regular Second Appeal is admitted on the following

substantial questions of law:

i. Whether the Trial court as well as the First Appellate Court is justified in granting the decree in favour of the plaintiff in the absence of material details as to the license pleaded in the plaint?

ii. Whether the Trial Court is justified to grant decree for mandatory injunction in the absence of any prayer for the same, considering the facts and circumstances of the case?

2. Issue notice to the respondent.

3. Post on 08/11/2024.

Interim order as prayed for, for a period of two months.

Sd/-

M.A.ABDUL HAKHIM JUDGE sms 11-09-2024 /True Copy/ Assistant Registrar