K.G.Panchaman vs Sophy Tomy
2024 Latest Caselaw 27895 Ker

Kerala High Court

K.G.Panchaman vs Sophy Tomy on 13 September, 2024

                                                       2024:KER:70212



         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

        THE HONOURABLE MR. JUSTICE M.A.ABDUL HAKHIM

FRIDAY, THE 13TH DAY OF SEPTEMBER 2024/22ND BHADRA, 1946

                       RSA NO. 680 OF 2022

AGAINST THE JUDGMENT AND DECREE DATED 03/08/2022 IN AS

NO.20   OF     2018   OF   ADDITIONAL      DISTRICT     COURT   -    II

(SPECIAL),     KOTTAYAM,   ARISING   OUT    OF   THE    JUDGMENT    AND

DECREE DATED 15/12/2017 IN OS NO.163 OF 2016 OF MUNSIFF

COURT, ETTUMANOOR

APPELLANT/APPELLANT/PLAINTIFF:

             K.G.PANCHAMAN
             AGED 59 YEARS
             S/O. GOPALA PANICKER,
             RESIDING AT KADIKKATTIL HOUSE,
             THIRUVAN VANDOOR P.O.,
             CHANGANNUR TALUK,
             ALAPPUZHA DISTRICT,
             PIN 689109,
             NOW RESIDING AT KALLIKKATTIL HOUSE,
             AMMANCHERRY BHAGOM,
             ATHIRAMPUZHA VILLAGE,
             FOUR-TIME TALUK,
             KOTTAYAM DISTRICT.


             BY ADVS.
             P.C.HARIDAS
             P.S.GOVIND
                                          2024:KER:70212
RSA NO. 680 OF 2022

                             2




RESPONDENTS/RESPONDENTS/DEFENDANTS:

    1      SOPHY TOMY
           AGED 58 YEARS
           W/O. TOMY CYRIAC,
           VENKINICKAL HOUSE,
           MANJOOR P.O.,
           KOTHANALLOOR VILLAGE,
           VAIKOM TALUK,
           KOTTAYAM DISTRICT-686603,
           NOW RESIDING AT WOOD STOCK,
           WEXCO HOMES 23,
           GANDHI NAGAR P.O.,
           MUDIYOORKARA KARA,
           PERUMBAIKKADU VILLAGE,
           KOTTAYAM TALUK,
           PIN- 686 003

    2      KEVIN TOMY,
           S/O. TOMY CYRIAC,
           AGED 24 YEARS,
           VENKINICKAL HOUSE,
           MANJOOR P.O.,
           KOTHANALLOOR VILLAGE,
           VAIKOM TALUK,
           KOTTAYAM DISTRICT-686603,
           NOW RESIDING AT WOOD STOCK,
           WEXCO HOMES 23,
           GANDHI NAGAR P.O.,
           MUDIYOORKARA KARA,
           PERUMBAIKKADU VILLAGE,
           KOTTAYAM TALUK,
           PIN- 686 003

    3      KARISHMA TOMY,
           D/O. TOMY CYRIAC,
           AGED 22 YEARS,
           VENKINICKAL HOUSE,
           MANJOOR P.O.,
           KOTHANALLOOR VILLAGE,
           VAIKOM TALUK,
                                                       2024:KER:70212
RSA NO. 680 OF 2022

                                    3



               KOTTAYAM DISTRICT-686603,
               NOW RESIDING AT WOOD STOCK,
               WEXCO HOMES 23,
               GANDHI NAGAR P.O.,
               MUDIYOORKARA KARA,
               PERUMBAIKKADU VILLAGE,
               KOTTAYAM TALUK,
               PIN- 686 003

    4          KAROLIN TOMY,
               D/O. TOMY CYRIAC,
               AGED19 YEARS,
               VENKINICKAL HOUSE,
               MANJOOR P.O.,
               KOTHANALLOOR VILLAGE,
               VAIKOM TALUK,
               KOTTAYAM DISTRICT-686603,
               NOW RESIDING AT WOOD STOCK,
               WEXCO HOMES 23,
               GANDHI NAGAR P.O.,
               MUDIYOORKARA KARA,
               PERUMBAIKKADU VILLAGE,
               KOTTAYAM TALUK,
               PIN- 686 003


               BY ADV MATHEW JOHN


        THIS    REGULAR   SECOND    APPEAL   HAVING    BEEN   FINALLY
HEARD ON 13.09.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
                                           2024:KER:70212
RSA NO. 680 OF 2022

                             4




                      JUDGMENT

1. The plaintiff in a suit for Permanent Prohibitory

Injunction is the appellant. The Trial Court as well as

the Appellate Court non suited the appellant finding

that the appellant is holding the premises by way of

license and the term of license is over. When the

matter came up for admission, the appellant offered to

vacate the premises within two years and the same

was accepted by the respondent.

2. The appellant has filed an Affidavit dated 09/09/2024

undertaking to surrender the premises within two years

from 09/09/2024. He has also undertake to pay the

monthly rent at the rate of Rs.8,400/- from September,

2024 till vacating the premises.

3. The said undertaking is recorded and the appeal is 2024:KER:70212 RSA NO. 680 OF 2022

disposed of in accordance with undertakings in the said

Affidavit.

Sd/-

M.A.ABDUL HAKHIM JUDGE sms