This Regular Second Appeal was dismissed. The court held that since the trial and first appellate courts found a road was already formed on the western side of the suit property, the suit became infructuous and no substantial question of law required admission.
Second Appeal dismissed; all pending interlocutory applications dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE THOMAS P.JOSEPH
MONDAY, THE 2ND DAY OF APRIL 2012/13TH CHAITHRA 1934
RSA.No. 311 of 2012 ()
--------------------------AS.28/2006 of PRL. SUB COURT,THALASSERY OS.277/2002 of MUNSIFF COURT, THALASSERY
APPELLANT/APPELLANT/PLAINTIFF:
K.M.KOUSLLYA, AGED 53 YEARS W/O.LATE KRISHNAN, KUNIYIL HOUSE, P.O.TEMPLE GATE KALLAYI AMSOM, 170 VAYALALAM DESOM.
BY ADVS.SRI.B.KRISHNAN
SRI.R.PARTHASARATHY SRI.RAJESH V.NAIR
RESPONDENT(S)/RESPONDENTS/DEFENDANTS:
1. P.SURESH, AGED 33 YEARS, S/O.CHANDRAN, MYLAT HOUSE, KOMMAL VAYALALALM, P.O.TEMPLE GATE, AMSOM, DESOM NOT KNOWN, PIN.670102.
2. PARANTAVIDA NANU
3. ROAD COMMITTEE, AGED 34 YEARS
THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON 02-04-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
svs
THOMAS P. JOSEPH, J.
R.S.A. No.311 of 2012
Dated this the 2nd day of April, 2012. JUDGMENT
This appeal is brought from the judgment and decree of learned Munsiff, Thalassery in O.S.No.277 of 2001, confirmed by the learned Sub Judge, Thalassery in A.S.No.28 of 2006.
2
RSA No.311 of 2012
3
RSA No.311 of 2012
v. Joseph (1985 KLT 1010) to contend that when the respondents have done an act to the prejudice of the appellant in the course of the suit, it is open to the court to mould relief and grant it to the appellant.
Second Appeal is dismissed.
All pending interlocutory applications will stand dismissed.
THOMAS P.JOSEPH, Judge.
cks
2 issues framed by the court
Whether a substantial question of law arises given the finding that the suit has become infructuous due to the formation of a road.
Whether the court dapat mould relief to grant injunction against a road already formed on the western side of the suit property.
Colour shows how this judgement treated each authority
Krishnan v. JosephReferred¶32
Krishnan v. Joseph (1985 KLT 1010)
K.M.Kouslla
P.Suresh
Parantavida Nanu
Road Committee
Thomas P. Joseph
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Thomas P. Joseph
Parties & counsel
