Disposed

Raveendran Pillai v. Sibi T.Joseph

Kerala HC29 Oct 2013OP(C)/1602/2013

Case brief

AI extract

What is this about?

The High Court of Kerala, in O.P.(C).No.1602 of 2013, maintained the status quo of properties involved in O.S.No.294 of 2011 and O.S.No.227 of 2012 pending consideration by the District Court, Kollam. The court directed the appellate court to hear and dispose of the pending appeal (C.M.A.No.9 of 2013) expeditiously.

What did the court decide?

Order maintaining status quo in O.S.No.294 of 2011 and O.S.No.227 of 2012 and directing District Court to dispose of C.M.A.No.9 of 2013.

Raveendran Pillai Vs Sibi T.Joseph — Property and Title | Kerala HC (2013)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE P.N.RAVINDRAN

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TUESDAY, THE 29TH DAY OF OCTOBER 2013/7TH KARTHIKA, 1935

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OP(C).No. 1602 of 2013 (O)

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AGAINST THE ORDER IN IA. NO.305/2013 IN OS. NO.294/2011 SUB COURT, KOTTARAKKARA. CMA 9/2013 of DISTRICT COURT,KOLLAM .

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PETITIONER(S):

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1. RAVEENDRAN PILLAI, S/O.PONNAPPAN PILLAI, NISHA BHAVANAM, MATHRA MURI KARAVALOOR VILLAGE, PATHANAPURAM TALUK KOLLAM DISTRICT.

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2. LEELAMMA

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W/O.RAVEENDRAN PILLAI, NISHA BHAVANAM, MATHRA MURI

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KARAVALOOR VILLAGE, PATHANAPURAM TALUK

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KOLLAM DISTRICT.

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3. NISHA L. D/O.RAVEENDRAN PILLAI, NISHA BHAVANAM, MATHRA MURI

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KARAVALOOR VILLAGE, PATHANAPURAM TALUK

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KOLLAM DISTRICT.

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BY ADV. SRI.B.MOHANLAL

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RESPONDENT(S):

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SIBI T.JOSEPH

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S/O.JOSEPH, THUMBASSERIL VEEDU, VENCHAMBIL MURI KARAVALOOR VILLAGE, PATHANAPURAM, KOLLAM-689695.

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R1 BY ADVS. SRI.M.RAJAGOPALAN NAIR

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SRI.G.BIJU

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THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 29-10-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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tss

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OP(C).No. 1602 of 2013 (O)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1 : TRUE COPY OF THE PLAINT OS 294/2011 FILED BY THE PETITIONERS BEFORE THE SUB COURT, KOTTARAKKARA.

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EXHIBIT P2 : TRUE COPY OF THE PLAINT IN OS 106/2012 FILED BY THE PETITIONERS BEFORE THE SUB COURT, KOTTARAKKARA.

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EXHIBIT P3 : TRUE COPY OF THE PLAINT IN OS 227/2012 FILED BY THE RESPONDENT BEFORE THE MUNSIFF COURT, PUNALUR.

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EXHIBIT P4 : TRUE COPY OF THE ORDER IN IA 305/2013 IN OS 294/2011 ON THE FILE OF THE SUB COURT, KOTTARAKKARA.

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EXHIBIT P5 : TRUE COPY OF THE MEMORANDUM OF APPEAL IN CMA 9/2013 OF THE DISTRICT COURT (WAKAF), KOLLAM.

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EXHIBIT P6 : TRUE COPY OF THE INTERLOCUTORY APPLICATION IN CMA 9/2013 OF THE DISTRICT COURT (WAKAF), KOLLAM.

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RESPONDENT(S)' EXHIBITS

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R1(a):- COPY OF THE SALE DEED NO.2843/2008 OF PUNALUR SUB REGISTRY DTD. 2.7.2008.

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R1(b):- COPY OF THE PETITION IN OP. (INDIGENNCY ) 1/2013 ON THE FILE OF THE SUB COURT, KOTTARAKKARA.

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R1(c):- COPY OF THE INTERIM ORDER DTD. 16.1.2012 IN OS. 294/2011 OF THE SUB COURT, KOTTARAKKARA.

TRUE COPY

P.S. TO JUDGE

tss

P.N.RAVINDRAN, J.

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O.P.(C).No.1602 of 2013

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Dated this the 29^th day of October, 2013

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JUDGMENT

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The petitioners are the plaintiffs in O.S.No.294 of 2011 and O.S.No.106 of 2012 on the file of the Court of the Subordinate Judge of Kottarakkara. The respondent as plaintiff has instituted O.S.No.227 of 2012 on the file of the Court of the Munsiff of Punalur. The relief sought in O.S.No.294 of 2011 is to set aside a sale deed executed by the plaintiffs in favour of the defendant. The relief sought in O.S.No.106 of 2012 is for realisation of the sum of Rs.1,48,000/- from the defendant and his assets towards the value of articles alleged to have been damaged by the defendant. The relief sought in O.S.No.227 of 2012 is to evict the petitioners from the plaint schedule building and to recover the sum of Rs.1,130/- towards arrears of rent and also damages for use and occupation. Long after O.S.No.294 of 2011 was instituted, the petitioners filed I.A.No.305 of 2013 for an interim order of injunction restraining the respondent from trespassing into the plaint schedule property, committing acts of waste therein

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or from demolishing the shed and residential building therein or from constructing a boundary wall therein. That application was dismissed by Ext.P4 order passed on 14.3.2013. Aggrieved thereby the petitioners filed C.M.A.No.9 of 2013 in the Court of the District Judge, Kollam. In view of the fact that the respondent had lodged a caveat, consideration of the application filed therein for interim injunction was delayed. The instant original petition was thereupon filed on 16.4.2013 mainly seeking an order directing the appellate court, where C.M.A.No.9 of 2013 is pending, to hear and dispose of the application for interim relief filed in the said appeal.

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I heard Sri.B.Mohan Lal, learned counsel appearing for the petitioners and Sri.M.Rajagopalan Nair, learned counsel appearing for the respondent. Though learned counsel on both sides addressed arguments at length, in view of the fact that the building described in the schedule to O.S.No.227 of 2012 on the file of the Court of the Subordinate Judge of Kottarakkara is a residential building, I am of the opinion that the proper course would be to direct both sides to maintain the status quo in relation to the plaint schedule properties in O.S.No.294 of 2011 and O.S.No.227 of 2012 as on 14.3.2013, and to further direct

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the appellate court, where C.M.A.No.9 of 2013 is pending, to hear and dispose of the appeal expeditiously.

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I accordingly dispose of the original petition with the following directions:-

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The petitioners and the respondent shall appear in the Court of the District Judge of Kollam, where C.M.A.No.9 of 2013 is pending, on 11.11.2013. C.M.A.No.9 of 2013 shall stand advanced and posted on that day. The Court of the District Judge of Kollam shall hear and dispose of the appeal expeditiously and in any event within two months from 11.11.2013. Until such time the petitioners and the respondent shall maintain the status quo in relation to the plaint schedule properties in O.S.No.294 of 2011 and O.S.No.227 of 2012 as on 14.3.2013, the date on which the application for interim injunction in O.S.No.294 of 2011 was dismissed by the trial court.

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The contentions of both sides on the merits are kept open.

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ahg.

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P.N.RAVINDRAN, Judge.

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P.N.RAVINDRAN, J.

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O.P.(C).No.16002 of 2013

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JUDGMENT

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29^th October, 2013

Raveendran Pillai v. Sibi T.Joseph

Case brief

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Raveendran Pillai v. Sibi T.Joseph

Case brief

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