Disposed

Reigate Builders Pvt. Ltd. v. K.P. Sadasivan

Kerala HC8 Jun 2018OP(C)/1422/2018

Case brief

AI extract

What is this about?

The High Court of Kerala orderd the court below to decide on the petitioner's application for impleadment and an interim injunction application within one week and one week thereafter, respectively, desposing of the present petition.

What did the court decide?

Directed court below to consider I.A.No.1884 (impleadment) within one week and I.A.No.1882 (interim injunction) within one week thereafter.

Reigate Builders Pvt. Ltd. Vs K.P. Sadasivan — Property and Title | Kerala HC (2018)

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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 SATHISH NINAN

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FRIDAY, THE 8TH DAY OF JUNE 2018 / 18TH JYAISHTA, 1940

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OP(C).No. 1422 of 2018

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(IA.NO.1882/2018 IN OS.NO.337/2018 OF MUNSIFF COURT-II , KOZHIKODE)

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PETITIONER/PETITIONER IN IA.NO.1882/2018:

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REIGATE BUILDERS PVT. LTD., A COMPANY INCORPORATED AND REGISTERED UNDER THE COMPANIES ACT, HAVING IT'S REGISTERED OFFICE AT 11/410, KOLAKKATTIL BUILDING, PARAMBIL.P.O., KURUVATTOOR, KOZHIKODE-673 012, REPRESENTED BY IT'S MANAGING DIRECTOR, PAUL THOMAS, AGED 48 YEARS, S/O.THOMAS.M.V., RESIDING AT MUTHIRAKALAYIL HOUSE, THONDAYAD, NELLIKODE.P.O., KOZHIKODE-673 016.

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BY ADVS.SRI.SHYAM PADMAN SRI.C.M.ANDREWS SRI.P.T.MOHANKUMAR SMT.BOBY M.SEKHAR SMT.NEETHU RAVIKUMAR SMT.REVATHY P. MANOHARAN SMT.ANITYA ANNIE MATHEW KUM.LAYA MARY JOSEPH

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RESPONDENT(S)/PLAINTIFF & DEFENDANTS :

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1. K.P.SADASIVAN, AGED 59 YEARS, S/O.RAMANKUTTY, KUTTANPOYIL HOUSE, MALAPARAMBA.P.O., CHEVAYOOR AMSOM DESOM, KOZHIKODE TALUK-673 009

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2. PRABHAKARAN, AGED 55 YEARS, S/O.CHANDUKKUTTY, PARAKKATTUPARAMBU, MALAPARAMBA.P.O., CHEVAYOOR AMSOM DESOM, KOZHIKODE TALUK-673 009

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3. KOZHIKODE CORPORATION, REP. BY IT'S SECRETARY, KOZHIKODE CORPORATION, NAGARAM AMSOM DESOM, KOZHIKODE TALUK, PIN-673 032.

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R3 BY SRI.K.D.BABU,SC,

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 08-06-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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sts

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OP(C).No. 1422 of 2018

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	COPY OF THE PLAINT FILED BY THE 1ST RESPONDENT ORIGINALLY BEFORE THE VACATION COURT (DISTRICT COURT) KOZHIKODE AND LATER RENUMBERED AS OS.NO.337/2018 AND PENDING BEFORE THE MUNSIFF COURT II P, KOZHIKODE
EXHIBIT P2	COPY OF THE CMP NO.65/2018 SUBMITTED BEFORE THE VACATION COURT (DISTRICT COURT), KOZHIKODE AND LATER RENUMBERED AS IA.NO.1882/2018 BEFORE THE MUNSIFF COURT II P, KOZHIKODE.
EXHIBIT P3	COPY OF THE EXPARTE ORDER OF INTERIM INJUNCTION DATED 27/04/2018 PASSED IN CMP.NO.65/2018 BY THE VACATION COURT (DISTRICT COURT), KOZHIKODE LATER RENUMBERED AS IA.NO.1882/2018
EXHIBIT P4	COPY OF THE STOP MEMO DATED 01/02/2018, NO.TP2/108200/17 ISSUED BY THE ASSISTANT ENGINEER, KOZHIKODE MUNICIPAL CORPORATION TO THE PETITIONER.
EXHIBIT P5	COPY OF THE SALE DEED DATED 18/02/2017 REGISTERED AS DOCUMENT NO.367/2017 OF THE SRO, CHEVAYOOR.
EXHIBIT P6	COPY OF THE BUILDING PERMIT NO.TP 10-BA(3219)/2017 DATED 24/01/2017 ORIGINALLY GRANTED IN FAVOUR OF THE 2ND RESPONDENT AND TRANSFERRED IN THE NAME OF THE PETITIONER AS PER ORDER NO.TP 10/25760/17 DATED 20/03/2017, AND BUILDING PERMIT GRANTED ON 17/06/2017 IN THE NAME OF THE PETITIONER
EXHIBIT P7	COPY OF THE NOTICE DATED 23/04/2018 ISSUED BY THE ASSISTANT ENGINEER REVOKING EXT.P4 STOP MEMO
EXHIBIT P8	COPY OF THE COMPLAINT DATED 25/04/2018 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT ALONG WITH THE ACKNOWLEDGEMENT RECEIPT ISSUED BY THE 3RD RESPONDENT
EXHIBIT P9	COPY OF THE PRESS RELEASE DATED 10/05/2018
EXHIBIT P10	COPY OF THE CMP NO.157/2018 DATED 14/05/2018 FILED BY THE PETITIONER IN CMP NO.65/2018 ON 15/05/2018 BEFORE THE VACATION COURT (DISTRICT COURT), KOZHIKODE

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2/-

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-2-

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OP(C).No. 1422 of 2018

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EXHIBIT P11 COPY OF THE CMP NO.158/2018 DATED 14/05/2018 FILED BY THE PETITIONER IN CMP.NO.65/2018 ON 15/05/2018 BEFORE THE VACATION COURT (DISTRICT COURT), KOZHIKODE

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EXHIBIT P12 COPY OF THE COUNTER STATEMENT DATED 30/05/2018 FILED BY THE 2ND RESPONDENT IN IA.NO.1882/2018 IN OS.NO.337/2018

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RESPONDENT'S EXHIBITS:

NIL

/TRUE COPY/

P.A.TO JUDGE

sts

8/6/2018

SATHISH NINAN, J.

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..........................

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O.P.(C) No. 1422 of 2018

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.................................

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Dated this the 8^th day of June, 2018 JUDGMENT

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The petitioner, who is not a party to the suit,

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claims to be aggrieved by Ext.P3 ex parte order of

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injunction restraining the carrying out of construction work in the property in question. The petitioner has filed an application seeking to get himself impleaded in the suit as additional defendant.

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The contention of the petitioner is that though he was the real affected party, who is carrying out the construction work in the property in question, he was not made a party in the suit and an order of injunction is obtained restraining the construction. It is also stated that the plaintiff in the suit has relied upon a stop memo dated 01.02.2018 issued by the Kozhikode Corporation which stop memo was infact issued against the petitioner herein, and

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O.P.(C) No. 1422 of 2018

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the same was withdrawn as per order of the Corporation dated 23.04.2018. It is open for the petitioner to bring it to the notice of the court below.

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Considering the entire facts and circumstances, I

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direct the court below to consider and pass appropriate orders on I.A.No.1884 of 2018 namely the impleading application of the petitioner within one week from today and I.A.No.1882 of 2018 namely the interim injunction application within a period of one week thereafter.

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The Original Petition (Civil) is disposed of as above.

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Sd/- SATHISH NINAN, JUDGE

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AMV/08/06/2018

Reigate Builders Pvt. Ltd. v. K.P. Sadasivan

Case brief

What is this about?

What did the court decide?

Reigate Builders Pvt. Ltd. v. K.P. Sadasivan

Case brief

What is this about?

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