Kerala High Court
Karingali Chalil Tharavattuvaka ... vs Seemanthani Amma on 11 February, 2025
Author: K.Babu
Bench: K. Babu
O.P.(C) Nos.1102 & 1105 of 2020
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
TUESDAY, THE 11TH DAY OF FEBRUARY 2025 / 22ND MAGHA, 1946
OP(C) NO. 1102 OF 2020
AGAINST THE ORDER/JUDGMENT DATED 18.03.2020 IN CMA
NO.63 OF 2018 OF ADDITIONAL DISTRICT COURT KOZHIKODE-III
ARISING OUT OF THE ORDER IN I.A.NO.828/2018 IN OS NO.63
OF 2018 OF II ADDITIONAL SUB COURT,KOZHIKODE
PETITIONER/S:
KARINGALI CHALIL THARAVATTUVAKA KATTATTUMMAL
KALARI DHARMA DAIVANGAL
KALARI DHARMA DAIVANGAL, REPRESENTED BY
K.C.RAVEENDRAN, (WHO IS THE FAMILY MEMBER AND
NOW MANAGING THE TEMPLES), AGED 67 YEARS,
S/O.GOPALAN KUTTY NAIR, THARAHARAM,
KIZHAKKUMMURI (P.O), KAKKODI, KOZHIKODE
DISTRICT.
BY ADVS.
R.BINDU (SASTHAMANGALAM)
SRI.PRASANTH M.P
RESPONDENT/S:
1 SEEMANTHANI AMMA
AGED 87 YEARS
O.P.(C) Nos.1102 & 1105 of 2020
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W/O.APPU NAIR, CHELAKKAD VEEDU, NEAR NATIVE
SCHOOL, ATHANI, VELLIKUNNU (P.O), MALAPPURAM
DISTRICT.
2 N.SUDHAMANI,
AGED 62 YEARS
W/O.BALAKRISHNAN, MADAKKOTH, 6TH MILE,
VELLIPARAMBA, KOZHIKODE, PIN-673008.
3 N.SATHYACHANDRAN,
AGED 59 YEARS
S/O.APPU NAIR, JAYALAYAM, KIZHAKKUMMURI (P.O),
KAKKODI, PADINJATTUMURI AMSOM, KIZHAKKUMMURI
DESOM, KOZHIKODE TALUK, KOZHIKODE DISTRICT.
4 N.JAYASREE,
AGED 57 YEARS
D/O.APPU NAIR, CHELAKKAD VEEDU, NEAR NATIVE
SCHOOL, ATHANI, VALLIKUNNU (P.O), MALAPPURAM
DISTRICT.
5 MURALI,
AGED 62 YEARS
H/O.N.JAYASREE, CHELAKKAD VEEDU, NEAR NATIVE
SCHOOL, ATHANI, VALLIKUNNU (P.O), MALAPPURAM
DISTRICT.
6 MADAKKOTH BALAKRISHNAN,
AGED 66 YEARS
H/O.SUDHAMANI, 6TH MILE, VELLIPARAMBA, KOZHIKODE
TALUK, KOZHIKODE DISTRICT.
7 SUJATHA,
AGED 58 YEARS
W/O.LATE N.SURENDRAN, VRINDAVANAM, KIZHAKKUMMURI
(P.O), KAKKODI, PADINJATTUMURI AMSOM,
KIZHAKKUMMURI DESOM, KOZHIKODE TALUK, KOZHIKODE
DISTRICT.
8 ANOOP,
O.P.(C) Nos.1102 & 1105 of 2020
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AGED 35 YEARS
S/O.LATE N.SURENDRAN, VRINDAVANAM, KIZHAKKUMMURI
(P.O), KAKKODI, PADINJATTUMURI AMSOM,
KIZHAKKUMMURI DESOM, KOZHIKODE TALUK, KOZHIKODE
DISTRICT.
9 DINOOP,
AGED 33 YEARS
S/O.LATE N.SURENDRAN, VRINDAVANAM, KIZHAKKUMMURI
(P.O), KAKKODI, PADINJATTUMURI AMSOM,
KIZHAKKUMMURI DESOM, KOZHIKODE TALUK, KOZHIKODE
DISTRICT., PIN-673611.
BY ADV SRI.HARISH R. MENON
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
11.02.2025, ALONG WITH OP(C).1105/2020, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
O.P.(C) Nos.1102 & 1105 of 2020
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
TUESDAY, THE 11TH DAY OF FEBRUARY 2025 / 22ND MAGHA, 1946
OP(C) NO. 1105 OF 2020
AGAINST THE ORDER DATED 18.03.2020 IN CMA NO.64 OF
2018 OF ADDITIONAL DISTRICT COURT, KOZHIKODE-III ARISING
OUT OF THE ORDER DATED 17.10.2018 IN I.A.NO.1665/2018 IN
OS NO.63 OF 2018 OF II ADDITIONAL SUB COURT,KOZHIKODE
PETITIONER/S:
KARINGALI CHALIL THARAVATTUVAKA KAKKATTUMMAL
KALARI DHARMA DAIVANGAL
KALARI DHARMA DAIVANGAL, REPRESENTED BY K.C
RAVEENDRAN, (WHO IS THE FAMILY MEMBER AND NOW
MANAGING THE TEMPLES), AGED 67 YEARS, S/O
GOPALAN KUTTY NAIR, THARAHARAM, KIZHAKKUMMURI
(PO), KAKKODI, KOZHIKODE DISTRICT.
BY ADV R.BINDU (SASTHAMANGALAM)
RESPONDENT/S:
1 SEEMANTHANI AMMA
AGED 87 YEARS
W/O APPU NAIR, CHELAKKAD VEEDU, NEAR NATIVE
SCHOOL, ATHANI, VALLIKUNNU (PO), MALAPPURAM
DISTRICT
O.P.(C) Nos.1102 & 1105 of 2020
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2 N. SUDHAMANI,
AGED 62 YEARS
W/O BALAKRISHNAN, MADAKKOTH, 6TH MILE,
VELLIPARAMBA, KOZHIKODE, PIN-673 008.
3 N. SATHYACHANDRAN,
AGED 59 YEARS
S/O APPU NAIR, JAYALAYAM, KIZHAKKUMMURI (PO),
KAKKODI, PADINJATTUMURI AMSOM, KIZHAKKUMMURI
DESOM, KOZHIKODE TALUK, KOZHIKODE DISTRICT.
4 N. JAYASREE,
AGED 57 YEARS
D/O APPU NAIR, CHELAKKAD VEEDU, NEAR NATIVE
SCHOOL, ATHANI, VALLIKUNNU (PO), MALAPPURAM
DISTRICT
5 MURALI,
AGED 62 YEARS
H/O N JAYASREE, CHELAKKAD VEEDU, NEAR NATIVE
SCHOOL, ATHANI, VALLIKUNNU (PO), MALAPPURAM
DISTRICT.
6 MADAKKOTH BALAKRISHNAN,
AGED 66 YEARS
H/O SUDHAMANI, 6TH MILE, VELLIPARAMBA, KOZHIKODE
TALUK, KOZHIKODE DISTRICT, PIN-673 611.
7 SUJATHA,
AGED 58 YEARS
W/O LATE N SURENDRAN, VRINDAVANAM, KIZHAKKUMMURI
(PO), KAKKODI PADINJATTUMURI AMSOM,
KIZHAKKUMMURI DESOM, KOZHIKODE TALUK, KOZHIKODE
DISTRICT, PIN-673 611.
8 ANOOP,
AGED 35 YEARS
S/O LATE N SURENDRAN, VRINDAVANAM, KIZHAKKUMMURI
(PO), KAKKODI PADINJATTUMURI AMSOM,
KIZHAKKUMMURI DESOM, KOZHIKODE TALUK, KOZHIKODE
O.P.(C) Nos.1102 & 1105 of 2020
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DISTRICT, PIN673 611.
9 DINOOP,
AGED 33 YEARS
S/O LATE N SURENDRAN, VRINDAVANAM, KIZHAKKUMMURI
(PO), KAKKODI PADINJATTUMURI AMSOM,
KIZHAKKUMMURI DESOM, KOZHIKODE TALUK, KOZHIKODE
DISTRICT, PIN673 611.
BY ADVS.
SRI.K.T.SHYAMKUMAR
SRI.HARISH R. MENON
SMT.K.N.ABHA
SRI.A.G.PRASANTH
SMT.NIMMY SHAJI
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
11.02.2025, ALONG WITH OP(C).1102/2020, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
O.P.(C) Nos.1102 & 1105 of 2020
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K.BABU, J
-------------------------------------------------
O.P.(C) Nos.1102 & 1105 of 2020
-------------------------------------------------
Dated this the 11th day of February, 2025
JUDGMENT
The common order in CMA Nos. 63 & 64 of 2018
that arose from O.S.No. 63 of 2018 on the file of the
Additional Sub Court-II, Kozhikode is under challenge in
these Original Petitions.
2. The petitioner/plaintiff sought for prohibitory
and mandatory injunctions in the Original Suit. The trial
Court dismissed the applications seeking interim
injunction. The petitioner challenged the order before
the Appellate Court under Order XLIII Rule 1 CPC. The
District dismissed the CMAs as per the common order
dated 18.03.2020.
3. The learned counsel for the petitioner/plaintiff
submits that the suit itself has been disposed of and
O.P.(C) Nos.1102 & 1105 of 2020
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therefore the reliefs sought for in the Original Petitions
have become infructuous. The submission is recorded.
4. The learned counsel for the petitioner submits
that at the time of admitting the O.P. (C) No. 1102/2020,
this Court had restrained the respondents from
committing any acts of waste or altering the nature and
lie of the plaint schedule property, until further orders. It
is submitted that during the course of the proceedings,
the respondents violated the directions in the prohibitory
order passed by this Court. The petitioner, therefore,
seeks liberty to raise the issue of violation in a
subsequent proceeding.
The Original Petitions are accordingly disposed of
reserving the liberty of the petitioner to raise the issue of
violation of the order of prohibitory injunction in a
subsequent proceeding.
Sd/-
K.BABU JUDGE
kkj
O.P.(C) Nos.1102 & 1105 of 2020
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APPENDIX OF OP(C) 1105/2020
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE PLAINT IN OS NO
63/2018 BEFORE THE 11 ADDITIONAL SUB
JUDGE KOZHIKODE DATED 10.5.2018
EXHIBIT P2 TRUE COPY OF THE AFFIDAVIT AND
PETITION IN IA NO 1665/2018 IN OS NO
63/2018 BEFORE THE 11 ADDITIONAL SUB
JUDGE KOZHKODE DATED 13.9.2018
EXHIBIT P3 TRUE COPY OF THE COUNTER AFFIDAVIT
DATED 22.9.2018
EXHIBIT P4 TRUE COPY OF THE INTERIM REPORT OF THE
ADVOCATE COMMISSIONER DATED 27.7.2018
EXHIBIT P5 TRUE COPY OF THE REPORT OF THE
ADVOCATE COMMISSIONER DATED 11.9.2018
EXHIBIT P6 TRUE COPY OF THE COMMON ORDER IN IA NO
1665/2018 IN OS NO 63/2018 PASSED BY
THE 11 ADDL SUB JUDGE, KOZHIKODE DATED
17.10.2018
EXHIBIT P7 TRUE COPY OF THE ORDER DATED 18.3.2020
PASSED BY THE 111 ADDITIONAL DISTRICT
JUDGE , KOZHIKODE IN CMA NO 64/2018
O.P.(C) Nos.1102 & 1105 of 2020
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APPENDIX OF OP(C) 1102/2020
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE PLAINT IN
O.S.NO.63/2018 BEFORE THE II
ADDITIONAL SUB JUDGE, KOZHIKODE DATED
10.05.2018.
EXHIBIT P2 TRUE COPY OF THE AFFIDAVIT AND
PETITION IN I.A.NO.828/2018 IN
O.S.NO.63/2018 BEFORE THE II
ADDITIONAL SUB JUDGE, KOZHIKODE, DATED
10.05.2018.
EXHIBIT P3 TRUE COPY OF THE COUNTER AFFIDAVIT
DATED 01.06.2018.
EXHIBIT P4 TRUE COPY OF THE COUNTER AFFIDAVIT
DATED 05.09.2018.
EXHIBIT P5 TRUE COPY OF THE INTERIM REPORT OF THE
ADVOCATE COMMISSIONER DATED
27.07.2018.
EXHIBIT P6 TRUE COPY OF THE REPORT AND SKETCH OF
THE ADVOCATE COMMISSIONER DATED
09.10.2019.
EXHIBIT P7 TRUE COPY OF THE COMMON ORDER IN
I.A.NO.828/2018 IN O.S.NO.63/2018
PASSED BY THE II ADDL.SUB JUDGE,
KOZHIKODE DATED 17.10.2018.
EXHIBIT P8 TRUE COPY OF THE ORDER DATED
18.03.2020 PASSED BY THE III
ADDITIONAL DISTRICT JUDGE, KOZHIKODE
IN C.M.A.NO.63/2018.
O.P.(C) Nos.1102 & 1105 of 2020
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Exhibit P9 TRUE COPY OF THE REPORT FILED BY THE
ADVOCATE COMMISSIONER IN O.S NO.
63/2018 DATED 2/2021.
Exhibit -P10 TRUE COPY OF THE REPORT FILED BY THE
ADVOCATE COMMISSIONER IN I.A NO.
3/2021 IN O.S NO. 63/2018 DATED
08.04.2021
Exhibit -P11 TRUE COPY OF THE REPORT FILED BY THE
ADVOCATE COMMISSIONER O.S NO. 63/2018
DATED 21.10.2021 ALONG WITH SKETCH.
Exhibit -P12 TRUE COPY OF THE AFFIDAVIT AND
PETITION IN I.A. NO. 14/2022 IN O.S
NO. 63/2018 FILED BEFORE THE II
ADDITIONAL SUB JUDGE, KOZHIKODE DATED
25.01.2022.
Exhibit-P13 TRUE COPY OF THE DEPOSITION OF THE
ADVOCATE COMMISSIONER DATED 20.06.2022
Exhibit -P14 TRUE COPY OF THE ORDER PASSED BY THE
II ADDITIONAL SUB JUDGE, KOZHIKODE
DATED 30.01.2023 IN I.A. NO. 14/2022
IN O.S NO. 63/2018.
