Kerala High Court
Sarngadharan vs C.V.Giri
Author: K. Harilal
Bench: K.Harilal
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.HARILAL
TUESDAY,THE 28TH DAY OF JUNE 2016/7TH ASHADHA, 1938
OP(C).No. 1542 of 2016 (O)
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O.S.NO.209/2010 OF MUNSIFF COURT, ATTINGAL
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PETITIONER :
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SARNGADHARAN,
S/O VELAYUDHAN, NISHI BHAVAN, NEAR TOLLMUKKU,
CHITTATTINKARA DESOM, EDAKKODU VILLAGE,
CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM.
BY ADVS.SRI.R.S.KALKURA
SRI.M.S.KALESH
SRI.HARISH GOPINATH
SMT.P.ANJANA
SRI.P.M.UNNI NAMBOODIRI
RESPONDENT(S):
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1. C.V.GIRI., S/O CHELLAPPAN, K.C.MANDIRAMM, NEAR TOLLKUKKU,
CHITTATTINKARA DESOM, EDAKKODU VILLAGE,
CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM-695 013
2. SUNDARESAN, KARITHALAKKAL VEEDU, KARICHIYIL,
CHITTAINKARA DESOM, AVANAVANCHERY VILLAGE,
THIRUVANANTHAPURAM-695 103.
3. BHARGAVI, D/O JANAKI, KARAKKATTUVILA VEEDU,
PARUTHI, CHITTATTINKARA DESOM,
EDAKKODU VILLAGE,CHIRAYINKEEZHU TALUK,
THIRUVANANTHAPURAM-695 013
4. SREEDHARAN, S/O VELAYUDHAN, KADAYIL VEEDU,
NEAR TOLLMUKKU, CHITTATTINKARA DESOM,
EDAKKODU VILLAGE, CHIRAYINKEEZHU TALUK,
THIRUVANANTHAPURAM-695 013
5. SUMATHY,
D/O VELAYUDHAN, KADAYIL VEEDU,
NEAR TOLLMUKKU CHITTATTINKARA DESOM,
EDAKKODU VILLAGE, CHIRAYINKEEZHU TALUK,
THIRUVANANTHAPURAM-695 013
2/-
-2-
OP(C).NO.1542/2016
6. SHYAMALA,
W/O GANGADHARAN, THETTIKUSHICHIRA VEEDU,
NEAR TOLLMUKU, CHITTATTINKARA DESOM,
EDAKKODU VILLAGE, CHIRAYINKEEZHU TALUK,
THIRUVANANTHAURAM-695 013
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION
ON 28-06-2016, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
sts
OP(C).No. 1542 of 2016 (O)
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APPENDIX
PETITIONER(S)' EXHIBITS
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P1 TRUE COPY OF THE PLAINT IN O.S.209 OF 2010 ON THE FILE OF THE
MUNSIFF'S COURT, ATTINGAL.
P2 TRUE COPY OF I.A.1250 OF 2010 IN O.S.209 OF 2010 ON THE FILE OF THE
MUNSIFF'S COURT, ATTINGAL.
P3 TRUE COPY OBJECTION TO IA.1250 OF 2010 IN O.S.209 OF 2010 FILED BY
THE RESPONDENTS ON THE FILE OF THE MUNSIFF'S COURT, ATTINGAL.
P4 TRUE COPY OF THE ORDER DATED 7.6.2010 IN I.A.1250 OF 2010 IN O.S.209
OF 2010 PASSED BY THE MUNSIFF'S COURT, ATTINGAL.
P5 TRUE COPY OF THE JUDGMENT DATED 10.6.2011 IN CMA NO.13 OF 2010
ON THE FILE OF THE SUBORDINATE JUDGE'S COURT,ATTINGAL.
P6 TRUE COPY OF THE COMMISSION REPORT DATED 28.5.2010 ALONG WITH
PLAN.
P7 TRUE COPY OF THE COMMISSION REPORT DATED 31.5.2013 AND PLAN.
RESPONDENT(S)' EXHIBITS: NIL
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/TRUE COPY/
P.A.TO JUDGE
sts
K. HARILAL, J.
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O.P.(C) No. 1542 of 2016
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Dated this the 28th day of June, 2016
J U D G M E N T
The petitioner is the 4th plaintiff, in Original Suit No.209 of 2010, on the files of the Munsiff's Court, Attingal. This Original Suit is filed, assailing the impugned order passed in C.M.A. No.13 of 2010, on the files of the Sub Court, Attingal. The suit was instituted for permanent prohibitory injunction, restraining the defendants from trespassing into plaint 'B' schedule pathway or using the same or plying vehicles through the same or obstructing plaintiffs' peaceful possession and enjoyment over the plaint 'B' schedule property in any manner whatsoever. Along with the suit, the petitioner has filed Interlocutory Application No.1250 of 2010, praying for an order of temporary injunction, for the same. But, the trial court O.P.(C) No. 1542 of 2016 -: 2 :- dismissed the said application.
2. Feeling aggrieved, though the petitioner and others had preferred C.M.A. No.13 of 2010, before the Sub Court, Attingal. The Sub Court, Attingal, also upheld the findings of the trial court and dismissed the C.M.A. Thus, this Original Petition (Civil) is filed, challenging the concurrent findings of the trial court as well as the appellate court in the application, seeking temporary injunction against the respondents.
3. Heard the learned counsel for the petitioner.
4. Though, this Original Petition (Civil) has been filed, challenging the merits of the impugned orders on several grounds, the learned counsel for the petitioner confined his arguments to a direction to the court below to dispose of the Original Suit on merits, at the earliest, untrammelled by the O.P.(C) No. 1542 of 2016 -: 3 :- concurrent findings of the court below.
5. Having regard to the above submission, the Munsiff's Court, Attingal is directed to dispose of Original Suit No.209 of 2010, at the earliest, untrammelled by the findings in the judgment passed in C.M.A. No.13 of 2010. Since the relief sought for and ordered by this Court is not prejudicial to the respondents, notice to respondents will stand dispensed with.
This Original Petition (Civil) is disposed of accordingly.
Sd/-
K. HARILAL, JUDGE DST //True copy// P.A. To Judge