The High Court of Kerala dismissed a petition filed under Article 227 of the Constitution. The petitioners challenged the second defendants' (petitioners' relief) order deleting an issue of disputed title to proceed with the suit as a simple injunction claim.
The original petition was dismissed with no costs awarded to either party.
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 P.SOMARAJAN
THURSDAY, THE 26TH DAY OF JULY 2018 / 4TH SRAVANA, 1940
OP(C).No. 830 of 2018
(I.A 1523 OF 2017 IN O.S 151/2015 OF MUNSIFF MAGISTRATE COURT, PATTAMBI)
PETITIONERS
KOORADA, THAVANNUR POST, MALAPPURAM DISTRICT.
3 MARIYAKUTTY W/O.ABDUL LATHEEF, 45 YEARS, AMBALATH VEETTIL, PADIYARANGADI POST, PATTAMBI TALUK.
BY ADVS.SRI.R.SREEHARI
SRI.SACHIN VYAS
RESPONDENTS
1. SANFERSABU S/O.YOOSAF, AGED 36 YEARS, PULIKKAL PALLIMANJAYALIL HOUSE, KUDALLUR AMSOM AND POST, MANNYAMPERUMBALAM DESOM, PATTAMBI TALUK, PIN-679 554.
2. FABINA
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OP(C).No. 830 of 2018
3. ALI PERUNGAVIL S/O.ABOOBACKER, AGED 39 YEARS, PERUNGAVIL HOUSE, KUDALLUR POST, PATTAMBI TALUK, PIN-679 554.
4. ABDULLAKUTTY S/O.ABOOBACKER, AGED 53 YEARS, PERUNGAVIL HOUSE, KUDALLUR POST, PATTAMBI TALUK, PIN-679 554.
5. SHAJI S/O.ABOOBACKER, AGED 32 YEARS, PERUNGAVIL HOUSE, KUDALLUR POST, PATTAMBI TALUK, PIN-679 554.
R1-R2 BY ADVS.SRI.SANTHEEP ANKARATH SRI.ARUN MATHEW VADAKKAN
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 26-07-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
mks
OP(C).No. 830 of 2018 (O)
APPENDIX
PETITIONER(S)' EXHIBITS
| EXHIBIT P1. |
PHOTOCOPY OF THE PLAINT IN OS 151/2015 OF MUNSIFF MAGISTRATE COURT, PATTAMBI. |
|---|---|
| EXHIBIT P2. |
PHOTOCOPY OF THE PLAINT IN OS 199/2012 OF MUNSIFF MAGISTRATE COURT, PATTAMBI. |
| EXHIBIT P3. |
PHOTOCOPY OF THE WRITTEN STATEMENT FILED IN OS 151/2015 OF MUNSIFF MAGISTRATE COURT, PATTAMBI. |
| EXHIBIT P4. |
PHOTOCOPY OF ORDER PASSED IN IA NO.1464/2016 IN OS NO.151/2015 MUNSIFF MAGISTRATE COURT, PATTAMBI DATED 13/9/2017. |
| EXHIBIT P5. |
PHOTOCOPY OF THE AFFIDAVIT FILED IN SUPPORT OF THE IA NO.1523/2017 IN OS NO.151/2015 MUNSIFF MAGISTRATE COURT, PATTAMBI . |
| EXHIBIT P6. |
PHOTOCOPY OF THE OBJECTION FILED IN IA NO.1523/2017 IN OS NO.151/2015 MUNSIFF MAGISTRATE COURT, PATTAMBI. |
| EXHIBIT P7. |
PHOTOCOPY OF ORDER PASSED IN IA NO.1523/207 IN OS NO.151/2015 MUNSIFF MAGISTRATE COURT, PATTAMBI DATED 22/2/2018. |
| EXHIBIT P8. |
PHOTOCOPY OF THE JUDGMENT REPORTED IN 1990 KHC 1757. |
RESPONDENTS EXHIBITS
NIL
/TRUE COPY/
P.A. TO JUDGE
mks 10/08/2018
P.SOMARAJAN, J.
........................
O.P.(C) No.830 of 2018
..................................
Dated this the 26th day of July, 2018
JUDGMENT
Aggrieved by Ext.P7 order in I.A.No.1523 of 2017 in O.S.NO.151 of 2015 of Munsiff Magistrate Court, Pattambi, the defendants/petitioners herein came up with this original petition under Article 227 of the Constitution of India.
O.P.(C) No.830 of 2018
2
allowed by the trial court. Aggrieved by the said order, the defendants-petitioners herein came up with this original petition.
O.P.(C) No.830 of 2018
3
for adjudication of disputed title and confined
their relief to injunction based on the possession or otherwise.
In such circumstances, no interference is warranted with the order passed by the lower court in Ext.P7. In the result, this original petition fails and it is dismissed. I do so. No costs.
sd/- P.SOMARAJAN, JUDGE
AMV/27/07/2018
2 issues framed by the court
Whether the High Court can interfere with the order of the lower court allowing the deletion of the issue regarding disputed title in a suit for injunction simplicitor.
Whether it is permissible to delete the issue of disputed title when the suit is for injunction and the court fee was levied based on an earlier order.
2 provisions across 2 enactments
Shahida W/O Ali Perungavil, Kadeeja W/O. Kunhumoideen, Mariyakutty W/O. Abdul Latheef, Haseena W/O. Salim, Suhara @ Suharabi D/O. Aboobacker, Latheef @ Abdul La
Sanfersabu S/Yoosaf, Fabina W/O. Sanfersabu, Ali Perungavil S/O. Aboobacker, Abdullakutty S/O. Aboobacker, Shaji S/O. Aboobacker
P. Somarajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
