Fogi Mathen M vs Mr. Iben Mathen
2024 Latest Caselaw 27445 Ker

Kerala High Court

Fogi Mathen M vs Mr. Iben Mathen on 11 September, 2024

Author: T.R. Ravi

Bench: T.R.Ravi

                                                             2024:KER:69211
FAO NO. 107 OF 2024
                                      1

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
               THE HONOURABLE MR. JUSTICE T.R.RAVI
 WEDNESDAY, THE 11TH DAY OF SEPTEMBER 2024 / 20TH BHADRA, 1946
                         FAO NO. 107 OF 2024
       AGAINST THE ORDER DATED 11.04.2024 IN I.A. NO.22 OF 2024
IN I.A. NO.4 OF 2021 IN OS NO.214 OF 2021 OF II ADDITIONAL SUB
                           COURT, THRISSUR

APPELLANT/RESPONDENT/PETITIONER/PLAINTIFF:

           FOGI MATHEN M
           AGED 66 YEARS
           S/O MOOKANCHERIL MATHAN,
           IRINJALAKKUDA, DESOM AND VILLAGE,
           MUKUNDAPURAM TALUK, PIN - 680121


           BY ADVS.
           SHARAN SHAHIER
           RAKHY BABY
           SNEHA JOY
           TREESA SHAJI
           RHEA SHERRY
           AQEEL MUHAMMED K.H.


RESPONDENT/PETITIONER/RESPONDENT/DEFENDANT:

           MR. IBEN MATHEN
           S/O LATE MR. M.J MATHEN
           MOOKENCHERIL HOUSE, MAIN ROAD,
           MUKUNDAPURAM TALUK, IRINJALAKKUDA VILLAGE,
           IRINJALAKKUDA, THRISSUR DISTRICT, PIN - 680121


           BY ADV DEEPU LAL MOHAN


      THIS FIRST APPEAL FROM ORDERS HAVING COME UP FOR ADMISSION
ON   11.09.2024,   THE   COURT   ON       THE   SAME   DAY   DELIVERED   THE
                           2024:KER:69211
FAO NO. 107 OF 2024
                      2


FOLLOWING:
                                                          2024:KER:69211
FAO NO. 107 OF 2024
                                    3


                             T.R. RAVI, J.
              --------------------------------------------
                        F.A.O. No.107 of 2024
               --------------------------------------------
             Dated this the 11th day of September, 2024

                              JUDGMENT

This appeal is preferred against the order in I.A.No.22/2024

in I.A.No.4/2021 in O.S.No.214/2021 on the file of Additional Sub

Court II, Thrissur. The application was filed by the defendant

seeking to modify an injunction order. The court had already passed

an order of injunction restraining the defendants from committing

any waste, creating any encumbrance or inducting strangers in the

plaint schedule property. The petition was filed on the ground that

unless the property is let out to tenants, nobody can make use of the

property. The court below after noting that there is already an order

restraining the defendant from inducting strangers in the plaint

schedule property further noted that so long as the said order is not

modified, the parties cannot let out the shop rooms to anybody else.

The court allowed the petition by stating that the plaintiff is at liberty

to file Rent Control Petition against the tenants if needed and to do

such matters which are necessary in connection with the tenancy

agreement with the tenants of the plaint schedule property and if the 2024:KER:69211 FAO NO. 107 OF 2024

plaintiff fails to do so, it is open to the defendant what is required.

The above order cannot be understood as an order permitting any of

the parties to let out the rooms to new tenants. If such a

requirement arises due to availability of rooms which can be let out it

can only be done on consent by both parties. It is all the more so

since this Court had directed the payment of the rent into a common

account instead of appointing a Receiver.

The appeal is disposed of with the above clarification.

Sd/-

T.R. RAVI JUDGE

Pn