This petition challenged an original petition challenging an interim order granting police assistance for constructing roofing and repairing a building. The court held the order exceeded the scope of the preceding injunction.
Order in I.A. No. 2180/17 modified to grant police assistance only for enforcement of the order in I.A. No. 2343/15.
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 SATHISH NINAN
MONDAY, THE 11TH DAY OF JUNE 2018 / 21ST JYAISHTA, 1940
OP(C).No. 434 of 2018
OS 557/2015 OF MUNSIFF COURT, MAVELIKKARA
PETITIONER:
BY ADVS.SRI.K.SASIKUMAR
SRI.P.S.RAGHUKUMAR
RESPONDENT(S):
1. RADHAMMA, PULIKKAL DEVAKI BHAVANAM, THEKKUMURI, THRIPERUMTHURA, MAVELIKARA - 690 105.
2. ESWARI AMMA, SURAJ, KOTTAKKAKOM, MAVELIKARA. 690 101.
3. GANGA PRASANTH, GANGA BHAVANAM, KIZHEKKEVAZHI, THRIPERUMTHURA, MAVELIKARA. 690 105.
4. AJITH KUMAR, GANGA BHAVANAM, KIZHEKKEVAZHI, THRIPERUMTHURA, MAVELIKARA. 690 105.
BY ADV. SRI.B.RENJITHKUMAR
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 11-06-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PBS
OP(C).No. 434 of 2018 ()
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1. A TRUE COPY OF THE PLAINT IN O.S.NO.557 OF 2015 OF MUNSIFF'S COURT, MAVELIKARA. EXHIBIT P2. A TRUE COPY OF THE WRITTEN STATEMENT AND COUNTER CLAIM IN O.S.NO.557 OF 2015 OF THE MUNSIFF'S COURT, MAVELIKARA. EXHIBIT P3. A TRUE COPY OF THE ORDER DATED 15-10-2016 IN IA.NO.2343 OF 2015 OF THE MUNSIFF'S COURT, MAVELIKARA. EXHIBIT P4. A TRUE COPY OF THE AFFIDAVIT AND PETITION IN I.A.NO.2180 OF 2017 IN O.S. 557 OF 2015 OF MUNSIFF'S COURT, MAVELIKARA. EXHIBIT P5. A TRUE COPY OF THE OBJECTION FILED BY THE DEFENDANTS IN I.A.2180 OF 2017 IN O.S. 557 OF 2015 OF MUNSIFF'S COURT, MAVELIKARA. EXHIBIT P6. A TRUE COPY OF THE COMMISSION REPORT DATED 13-12-2017 IN I.A.NO.2402 OF 2017 IN O.S. 557 OF 2015 OF MUNSIFF'S COURT, MAVELIKARA. EXHIBIT P7. A TRUE COPY OF THE ORDER DATED 19-1-2018 IN I.A.2180 OF 2017 IN O.S. 557 OF 2015 OF MUNSIFFS COURT, MAVELIKARA.
RESPONDENT'S EXHIBIT
EXHIBIT R1 TRUE COPY OF THE NOTICE DATED 7.11.2017 ISSUED BY THE SECRETARY OF CHENNITHALA-THRIPPERUMTHURA GRAMA PANCHAYAT TO THE RESPONDENTS.
/TRUE COPY/
PS TO JUDGE
PBS
13/6/2018
SATHISH NINAN, J.
= = = = = = = = = = = = = = = = = = O. P. (C) No.434 of 2018 = = = = = = = = = = = = = = = = = = Dated this the 11th day of June, 2018
J U D G M E N T
The petitioners are the defendants in a suit for fixation of boundary. They filed a written statement raising a counter claim with a prayer for fixation of boundary, for recovery of possession and also for mandatory injunction in respect of a stair case alleged to have been constructed by the plaintiffs encroaching into their property. I.A. No.2343/15 was filed by the plaintiffs for a prohibitory injunction, wherein the learned Munsiff passed the following order.
“In the result, the petition is allowed as follows:-
from obstructing the use and enjoyment of the staircase at the northern portion of the building in plaint item No.1 property by the petitioners and committing any mischief therein, until the
disposal of the suit.
O. P. (C) No.434 of 2018 :- 2 :-
The interim order of injunction is admittedly in force. Thereafter, I.A. No.2180/17 was filed seeking police assistance for enforcement of the order of injunction passed in I.A. No.2343/15 and to give adequate protection to the petitioners to put up aluminium roofing over the building in the petitioners' property. The application was allowed by the learned Munsiff which is under challenge in this original petition. The learned Munsiff held thus:
“S.H.O., Mannar police station is directed to provide
assistance to the petitioners to complete the aluminium
roofing work of the building in the plaint schedule item No.1
property, to do the repairing works of the said building, including the staircase and to see that this court's order dated 15.10.2016 in I.A.2343/15 is implemented.”
Though the learned Munsiff has granted police protection to see that the order of injunction passed in I.A. No.2343/15 is not violated, it appears that protection has been granted transgressing beyond the order of injunction, viz.
O. P. (C) No.434 of 2018 :- 3 :-
providing assistance to complete aluminium roofing work of the building in the property. Apparently construction of roofing was not a part of the order in I.A. No.2343/15. Therefore, the order in I.A. No.2180/17 is liable to be interfered with to the extent it goes beyond the order in I.A. No.2343/15.
The original petition is disposed of as above.
Sd/SATHISH NINAN JUDGE
kns/-
//True Copy//
P.S. to Judge
1 issue framed by the court
Whether the interim order in I.A. No. 2180/17 granting police assistance for roofing and repair works exceeded the scope of the injunction in I.A. No. 2343/15.
Unnuni Thankachan
Bhargavi Thankachan
Sukumari Thankachan
Radhama
Esvari Amma
Ganga Prasanth
Sathish Ninan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
