Kerala High Court
A.A.Shamsumma vs Sarojini Amma on 14 March, 2016
Author: A.Muhamed Mustaque
Bench: A.Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
THURSDAY, THE 9TH DAY OF MARCH 2017/18TH PHALGUNA, 1938
OP(C).No. 1982 of 2016 (O)
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OS.NO. 1116/2015 OF MUNSIFF'S COURT, ERNAKULAM
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PETITIONER(S):
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1. A.A.SHAMSUMMA,
AGED 62 YEARS, W/O LATE A.E. BUHARI,
MANGALASSERY PARAMBU, NETTOOR 682 040.
2. JASU BUHARI,
AGED 39 YEARS, S/O A.E. BUHARI,
MANGALASSERY PARAMBU, NETTOOR 682 040.
BY ADVS.SRI.A.BALAGOPALAN
SRI.A.RAJAGOPALAN
SRI.M.N.MANMADAN
RESPONDENT(S):
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1. SAROJINI AMMA,
AGED 69 YEARS, W/O LATE NANAPPA MENON,
RAJABHAVAN, CHEPANOM 688 237.
2. RAJESH KUMAR,
AGED 41 YEARS, S/O LATE NANAPPA MENON,
RAJABHAVAN, CHEPANOM 688 237.
3. RATHEESH KUMAR,
AGED 36 YEARS, S/O LATE NANAPPA MENON,
RAJABHAVAN, CHEPANOM 688 237.
R1 BY ADVS. SRI.JOLLY JOHN
SMT.LIZA MEGHAN CYRIAC
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 09-03-2017,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SKG
OP(C).No. 1982 of 2016 (O)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1 TRUE COPY OF THE PLAINT IN O.S. NO. 1116/2015 ON THE
FILE OF THE PRINCIPAL MUNSIFF'S COURT, ERNAKULAM.
EXHIBIT P2 TRUE COPY OF I.A NO 6636/2015 IN O.S. NO. 1116/2015
ON THE FILE OF THE PRINCIPAL MUNSIFF'S COURT,
ERNAKULAM.
EXHIBIT P3 TRUE COPY OF THE COMMISSION REPORT SUBMITTED BY THE
ADVOCATE COMMISSIONER IN I.A. 6637 OF 2015 IN O.S.
NO.1116 OF 2015
EXHIBIT P3(A)TRUE COPY OF THE ROUGH SKETCH SUBMITTED BY THE
ADVOCATE COMMISSIONER IN IA.6637 OF 2015 IN
O.S.NO.1116 OF 2015
EXHIBIT P4 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE
RESPONDENTS IN EXHIBIT P2 APPLICATION.
EXHIBIT P5 TRUE COPY OF THE COMMISSION REPORT SUBMITTED BY THE
ADVOCATE COMMISSIONER IN I.A. 9572 OF 2015 IN O.S NO.
1116 OF 2015.
EXHIBIT P5(A)TRUE COPY OF THE ROUGH SKETCH SUBMITTED BY THE
ADVOCATE COMMISSIONER IN I.A NO. 9572 OF 2015 IN O.S
NO. 1116 OF 2015
EXHIBIT P6 TRUE COPY OF THE ORDER PASSED BY THE PRINCIPAL
MUNSIFF COURT, ERNAKULAM IN I.A NO. 6636 OF 2015 IN
O.S NO. 1116 OF 2015 DATED 14-03-2016.
EXHIBIT P7 TRUE COPY OF THE JUDGMENT PASSED BY THE SECOND
ADDITIONAL DISTRICT COURT, ERNAKULAM IN C.M.A NO 29
OF 2016 DATED 05-08-2016.
EXHIBIT P8 THE PHOTOGRAPHS SHOWING THE GATE ERECTED BY THE
RESPONDENTS IN VIOLATION OF THE ORDER PASSED BY THIS
HONOURABLE COURT.
EXHIBIT P9 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE FIRST
PETITIONER BEFORE THE SUB INSPECTOR OF POLICE,
PANAGAD POLICE STATION DATED 20.8.2016
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OP(C).No. 1982 of 2016 (O)
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EXHIBIT P10 TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT OF THE
PETITION DATED 20.8.2016 ISSUED BY THE PANAGAD POLICE
STATION TO THE FIRST PETITIONER
EXHIBIT P11 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE FIRST
PETITIONER BEFORE THE DEPUTY COMMISSIONER OF POLICE,
KOCHI CITY DATED 22.8.2016
RESPONDENT(S)' EXHIBITS
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EXT.R1(A) TRUE COPY OF SETTLEMENT DEED NO.789.2000 OF MARADU
SRO.
EXT.R1(B) TRUE COPY OF THE SALE DEED NO.1912/2001 OF MARADU SRO
EXECUTED BY RAPPEL, TITUS AND JOHN IN FAVOUR OF
RESPONDENT NO.1
EXT.R1(C) TRUE COPY OF THE POSSESSION CERTIFICATE DT.22/9/2015
IN RESPECT 1.22 ARES IN RE-SY.NO.1605 0F MARADU
VILLAGE IN THE NAME OF RESPONDENT NO.1
EXT.R1(D) TRUE COPY OF THE BASIC TAX RECEIPT DATED 26.8.2015 IN
RESPECT OF 0.68 ARES AND O.54 ARES IN RE-SY BLOCK
NO.14, RE-SY.NO.160/5 OF MARADU VILLAGE UNDER
THANDAPPER NO.9883 IN THE NAME OF THE RESPONDENT NO.1
EXT.R1(E) TRUE COPY OF SETTLEMENT DEED NO.1329/1991 OF MARADU
SRO.
EXT.R1(F) TRUE COPIES PHOTOGRAPHS SHOWING THE COLLAPSE OF
COMPOUND WALL ON THE NORTHERN SIDE OF THE B SCHEDULE
PROPERTY
EXT.R1(G) TRUE COPY OF THE COMPLAINT DT.11.8.2015 FILED BY
MR.TITUS BEFORE THE SUB INSPECTOR OF POLICE, PANAGAD
AGAINST THE DEMOLITION OF COMPOUND WALL BY THE 2ND
PETITIONER
EXT.R1(H) TRUE COPY OF THE ACKNOWLEDGMENT RECEIVED BY TITUS FOR
THE COMPLAINT FILED BEFORE THE SUB INSPECTOR OF
POLICE, PANAGAD
EXT.R1(I) TRUE COPY OF CRIMINAL COMPLAINT FILED BY RESPONDENT
NO.1 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE
COURT, VIII AS M.P.NO.174/2015 UNDER SECTIONS 190(1)
(A) AND 200 OF THE CODE OF CRIMINAL PROCEDURE
EXT.R1(J) TRUE COPY OF FIR FORWARDED TO THE ADDITIONAL JUDICIAL
FIRST CLASS MAGISTRATE COURT VIII, ERNAKULAM, MARADU
FOR OFFENCES U/S 294(B), 34,341,427,506(1) OF IPC
AGAINST THE 2ND PETITIONER AND HIS BROTHER MUJEEB
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OP(C).No. 1982 of 2016 (O)
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EXT.R1(K) TRUE COPY OF THE COMPLAINT DT.31.8.2015 FILED BY THE
1ST RESPONDENT BEFORE THE TAHSILDAR, KANAYANNUR
TALUK.
EXT.R1(L) TRUE COPY OF THE REPORT DATED 4.9.2015 OF THE VILLAGE
OFFICER, MARADU
EXT.R1(M) TRUE COPY OF THE COMPLAINT DT.31.8.2015 FILED BY
RESPONDENT NO.1 BEFORE THE REVENUE DIVISIONAL
OFFICER, FORTKOCHI.
EXT.R1(N) TRUE COPY OF THE SALE DEED NO.216/2004 OF MARADU SRO.
EXT.R1(O) TRUE COPY OF THE BASIC TAX RECEIPT DT.20.10.2014 IN
RESPECT OF O.97 ARES IN RE-SY.BLOCK NO.14, RE-
SY.NO.160/3 OF MARADU VILLAGE, KANAYANNUR TALUK,
ERNAKULAM DISTRICT IN THE NAME OF 2ND PETITIONER
UNDER THANDAPPER NO.4597
EXT.R1(P) TRUE COPY OF APPLICATION UNDER KERALA MUNICIPAL
BUILDING RULES DT.26.3.2015 SUBMITTED BY PETITIONER
NO.1 AND OTHERS SEEKING PERMISSION FOR NEW
CONSTRUCTION IN 3.8 ARES OF LAND IN OLD SY.NO.1455/3,
RE-SY.NO.160/3 OF MARADU VILLAGE, KANAYANNUR TALUK,
ERNAKULAM.
EXT.R1(Q) TRUE COPY OF SKETCH IN RESPECT OF O.97 ARES AND 2.83
ARES IN RE-SY.BLOCK NO.14, RE-SY.NO.160/3 OF MARADU
VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT
SUBMITTED BEFORE THE MARADU MUNICIPALITY BY 1ST
PETITIONER & OTHERS FOR NEW CONSTRUCTION
EXT.R1(R) TRUE COPY OF THE BUILDING PLAN SUBMITTED BY THE
PETITIONERS BEFORE THE MARADU MUNICIPALITY.
EXT.R1(S) TRUE COPY OF THE PROPERTY TAX RECEIPT DT.11.1.1994
ISSUED BY MARADU PANCHAYATH IN RESPECT OF H.NO.IX/88
IN THE NAME OF RAPPEL (FATHER OF TITUS)
EXT.R1(T) TRUE COPY OF RE-SURVEY SKETCH OF FIELD NO.160, BLOCK
NO.14/5 OF MARADU VILLAGE, KANAYANNUR TALUK,
ERNAKULAM DISTRICT
EXT.R1(U) TRUE COPY OF THE COMPLAINT DT.8/8/2015 SUBMITTED BY
THE 2ND PETITIONER BEFORE THE VILLAGE OFFICER, MARADU
AGAINST THE RESPONDENT NO.1
/TRUE COPY/
P.S. TO JUDGE
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A.MUHAMED MUSTAQUE, J.
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O.P.(C).No.1982/2016
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Dated this the 9th day of March, 2017
J U D G M E N T
In view of the fact that the suit is ripe for trial, this court is of the view that status quo as on today shall be maintained and the Munsiff's Court, Ernakulam is directed to dispose of O.S.No.1116/2015 on or before 31.7.2017.
The original petition is disposed of as above. No costs.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE ms