Remanded

Sibichan Sebastian v. Kochu Thressia

Kerala HC18 Oct 2012OP(C)/1839/2012

Case brief

AI extract

What is this about?

The High Court of Kerala addressed an original petition challenging divergent orders on a temporary injunction application. The court appointed the petitioner as receiver for agricultural operations, directed the lower court to dispose of the main suit within four months, and dismissed the petition challenging interim orders.

What did the court decide?

Appointment of petitioner as receiver to carry out agricultural operations; direction to lower court to dismiss main suit within four months.

Sibichan Sebastian Vs Kochu Thressia — Kerala HC (2012) — LawSathi Research

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH

¶4

THURSDAY, THE 18TH DAY OF OCTOBER 2012/26TH ASWINA 1934

¶5

OP(C).No. 1839 of 2012 (O)

¶6

OS.852/2010 of ADDITIONAL MUNSIFF COURT, ALAPPUZHA

¶7

PETITIONER(S):

¶8

SIBICHAN SEBASTIAN @ MON, AGED 43 YEARS S/O.DEVASSIA SEBASTIAN, THARAYIL VEEDU, KAINADY P.O KAVALAM VILLAGE, KUTTANAD.

¶9

BY ADVS.SRI.S.SANAL KUMAR

¶10

SMT.BHAVANA VELAYUDHAN SMT.T.J.SEEMA

¶11

RESPONDENT(S):

¶12

KOCHU THRESSIA, AGED 62, W/O.THOMAS VARGHESE, THOPPIL HOUSE, ALUMTHURUTHY IDINJILLAM P.O, THIRUVALLA.

¶13

BY ADV. SRI.C.V.MANOJ VILSON BY ADV. SRI.P.G.SURESH

¶14

THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 18-10-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶15

OP(C) NO. 1839/2012

¶16

APPENDIX

¶17

PETITIONER(S) EXHIBITS

¶18

EXHIBIT P1. TRUE COPY OF THE PLAINT IN OS NO.486 OF 2004.

¶19

EXHIBIT P2. TRUE COPY OF THE IA NO.4490 OF 2010 IN OS 852 OF 2010.

¶20

EXHIBIT P3. TRUE COPY OF THE OBJECTION FILED IN IA NO.4490/2010 IN OS NO.852 OF 2010.

¶21

EXHIBIT P4. TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE DEFENDANT IN OS NO.852 OF 2010.

¶22

EXHIBIT P5. TRUE COPY OF THE ORDER DATED 26.2.2011 IN IA NO.4490/2010 IN OS NO. 852/2010.

¶23

EXHIBIT P6. TRUE COPY OF THE ORDER DATED 29.3.2012 IN DMA NO.10/2011 IN IA NO.4490/2010 IN OS 852/2010.

¶24

RESPONDENTS' EXHIBITS: NIL

¶25

/TRUE COPY/

¶26

P.A. TO JUDGE.

¶27

V. CHITAMBARESH, J

¶28

OP(C) NO. 1839 OF 2012

¶29

Dated this the 18^th day of October, 2012

¶30

JUDGMENT

¶31

Divergent orders passed on an application for temporary injunction in a suit for a decree of permanent prohibitory injunction are under challenge. A detailed analysis of the evidence on record at this interlocutory stage may prejudice the contentions of either parties in the suit. I direct the court of the Additional Munsiff of Alappuzha to dispose of the suit (O.S. No. 852/2010) within a period of four months from the date of receipt of a copy of this judgment. The same shall be done untrammeled by anything said in the orders impugned.

¶32

A scramble for position is well evident from the attending circumstances. The petitioner/defendant is therefore appointed as a party receiver to carry out the agricultural operations in the property. The petitioner shall file income and expenditure statement every month in the court below. I hasten to add that the receiver holds the property only for the benefit of the person who ultimately wins the cause. The receiver is bound to forthwith hand over

¶33

¶34

OP(C) No. 1839/2012

¶35

custody of the property to the successful litigant at the end. The Original Petition is disposed of. No costs.

¶36

V. CHITAMBARESH JUDGE

¶37

ncd

Sibichan Sebastian v. Kochu Thressia

Case brief

What is this about?

What did the court decide?

Sibichan Sebastian v. Kochu Thressia

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Krishna Shenoy Vs Ramachandra Shenoy

Kaniparambil Joseph Vs Konoth Pathayapurayil Bhaskaran Nambiar

T.M.Rajan Vs K.K.Sadasivan

Devi Vs Kunhiraman

Leela Amma @Leela Vs Sarada Gopalakrishnan

M.Shinoj Vs E.N.Sasi