Dismissed

P.N.Venkitasubramanian Alias Chamukutty Iyer, v. P.a.Ahammed Basheer

Kerala HC1 Mar 2019SA/270/2003

Case brief

AI extract

What is this about?

The High Court in Kerala dismissed an appeal against a permanent injunction decree granting the injunction without prejudice to parties' rights to adjudicate their land claim before the Land Tribunal where a purchase certificate was pending. No costs awarded.

What did the court decide?

Appeal dismissed, no costs, without prejudice to right to proceed before Land Tribunal.

P.N.Venkitasubramanian Alias Chamukutty Iyer, Vs P.a.Ahammed… — Land Acquisition | Kerala HC (2019)

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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.SOMARAJAN

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FRIDAY ,THE 01ST DAY OF MARCH 2019 / 10TH PHALGUNA, 1940

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SA.No. 270 of 2003

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AGAINST THE ORDER/JUDGMENT IN AS 212/1995 of DISTRICT COURT, PALAKKAD DATED 17-10-2002

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AGAINST THE ORDER/JUDGMENT IN OS 653/1993 OF PRINCIPAL MUNSIFF COURT, PALAKKAD

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APPELLANTS IN S.A/APPELLANTS IN A.S./DEFENDANTS IN O.S.:

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1 P.N.VENKITASUBRAMANIAN ALIAS CHAMUKUTTY IYER, (LEGAL HEIR)

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AGED 90 YEARS S/O.LATE NARAYANA IYER, PALLIPURAM GRAMAM, PIRAYIRI AMSOM, PALAKKAD.

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2 NARAYANASWAMY, S/O.CHAMUKUTTY IYER, PALLIPURAM GRAMAM, PIRAYIRI AMSOM, PALAKKAD.

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BY ADVS.

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SRI.S.V.BALAKRISHNA IYER (SR.) SRI.K.JAYAKUMAR (SENIOR) SRI.P.B.KRISHNAN

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RESPONDENTS IN S.A./RESPONDENTS IN A.S/PLAINTIFFS 2 & 3 AND Lrs OF PLAINTIFF NO.1 IN O.S :

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1 P.A.AHAMMED BASHEER, S/O.P.A.ABDUL JABBAR, 42 YEARS, RAMEERA MANZIL, VADAKKANTHARA AMSOM, PALAKKAD.

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2 K.C.GEORGE, S/O.CHERAPPAN, 46 YEARS, PATTANI STREET, YAKKARA AMSOM, PALAKKAD.

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3 CICILY, W/O.LATE M.J.FRANCIS, MANKAVU HOUSE, KOPPAM AMSOM, PALAKKAD.

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4 FRINTON, S/O.LATE M.J.FRANCIS, IN .DO. .DO.

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SA.No. 270 of 2003 2

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5 FRINTO, S/O.LATE M.J.FRANCIS, IN .DO. .DO.

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6 ADDL.R6.P.V.SESHADRINATHAN, S/O.LATE P.N.VENKITASUBRAMANIAN ALIAS CHAMUKUTTY IYER, VENKATA VILAS, 96, LUZ CHURCH ROAD, MYLAPORE, CHENNAI.

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(SECOND APPELLANT IS RECORDED AND ADDL.R6 IS IMPLEADED BOTH BEING THE LR'S OF THE DECEASED FIRST APPELLANT VIDE ORDER DATED 16.12.2004 ON 1308/2004.)

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BY ADV. SRI.T.C.SURESH MENON (R1,3,4 AND 5) M.K.SREEGESH (R6)

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THIS SECOND APPEAL HAVING BEEN FINALLY HEARD ON 01.03.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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SA.No. 270 of 2003 3

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JUDGMENT

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Aggrieved by the decree and judgment of the First

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Appellate Court (District Court, Palakkad) in A.S.No.212 of 1995, and the Trial Court in O.S.No.653 of 1993, (Principal Munsiff Court, Palakkad) granting a permanent prohibitory injunction, the defendants came up with this Appeal.

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The dispute is with respect to an extent of 85.75 cents of property lying as a water tank (pond).

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The plaintiffs predecessor obtained a purchase certificate from the Land Tribunal. Originally, it

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was the family property of the defendants and it was in

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the possession of a receiver. When the property was

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in the hands of receiver, the plaintiffs predecessor applied for getting purchase certificate before the Land Tribunal. While so the receiver was discharged. Subsequently, purchase certificate was also granted.

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It is submitted by the learned counsel for the

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SA.No. 270 of 2003 4

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appellants that subsequently the Purchase Certificate was set aside in appeal, and remanded back to the Land Tribunal for fresh disposal. Since the matter is pending before the Land Tribunal, this appeal can only be dismissed, without prejudice to the right of parties to agitate their claim before the Land Tribunal. The decree of permanent injunction granted will not in any way take away the claim and defence of parties over the

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property, pending consideration before the Land Tribunal and it would operate only upto the date of adjudication of the claim over the property by the Land Tribunal. Hence the appeal is dismissed, without prejudice to the right of parties to proceed with the proceedings before the Land Tribunal concerned.

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The appeal is dismissed, no costs.

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Sd/-

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P.SOMARAJAN, JUDGE

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// TRUE COPY // PA TO JUDGE

P.N.Venkitasubramanian Alias Chamukutty Iyer, v. P.a.Ahammed Basheer

Case brief

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P.N.Venkitasubramanian Alias Chamukutty Iyer, v. P.a.Ahammed Basheer

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