Disposed

Kochanakulangara Devaswam v. Charamangalam East N.S.S.Karayogam

Kerala HC2 Aug 2021OP(C)/801/2021

Case brief

AI extract

What is this about?

The High Court of Kerala, in an original civil petition, directed the Sub Judge, Cherthala, to decide the pending appeal (A.S. No. 56/2018) within three months. The court recorded that there was no intention to alienate schedule properties or commit waste, but explicitly stated the order did not interdict the respondent from constructing a building. Notice to other respondents was dispensed with.

What did the court decide?

Directed Sub Judge, Cherthala to decide A.S. No. 56 of 2018 within three months.

Kochanakulangara Devaswam Vs Charamangalam East N.S.S.Karayogam — Kerala HC (2021) — LawSathi Research

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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 V.G.ARUN

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MONDAY, THE 2^ND DAY OF AUGUST 2021 / 11TH SRAVANA, 1943

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OP(C) NO. 801 OF 2021

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AGAINST THE ORDER/JUDGMENT IN AS 56/2018 OF SUB COURT, CHERTHALA,

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ALAPPUZHA

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PETITIONER/S:

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KOCHANAKULANGARA DEVASWAM

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REP. BY ITS TRUSTEE, KAIKARA, CHELATTU, MANJEZHAM, KUNDUMBAYOGAM TRUST REG. NO.A 153/2009, CHARAMANAGALAM, MUHAMMA P.O., CHERTHALA, REP.BY ITS SECRETARY, C.R. GOPALAKRISHNAN, S/O.GOVINDA MENON, AGED 69, JAYA NIVAS, CHARAMANGALAM MURI, THANNERMUKKOM SOUTH VILLAGE, ALAPPUZHA DISTRICT 688 527

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BY ADVS.

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P.B.KRISHNAN SRI.P.B.SUBRAMANYAN SRI.SABU GEORGE SRI.MANU VYASAN PETER SMT.B.ANUSREE

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RESPONDENT/S:

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1 CHARAMANGALAM EAST N.S.S.KARAYOGAM REG. NO.1617, REP. BY ITS PRESIDENT, CHARAMANGALAM, MUHAMMA POST, ALAPPUZHA 688 525

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2 CHARAMANGALAM EAST N.S.S. KARAYOGAM REG. NO.1617, REP. BY ITS SECRETARY, CHARAMANGALAM, MUHAMMA POST, ALAPPUZHA 688 525

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3 CHARAMANGALAM EAST N.S.S. KARAYOGAM REG. NO.1617, REP. BY ITS TREASURER, CHARAMANGALAM, MUHAMMA POST, ALAPPUZHA 688 525

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4 N.S.S. UNION CHERTHALA

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REP.BY ITS SECRETARY, NSS UNION OFFICE, CHERTHALA, ALAPPUZHA DISTRICT 688 524

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OP(C) NO. 801 OF 2021

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5 NAIR SERVICE SOCIETY REP.BY ITS REGISTRAR, HEAD QUARTERS, PERUNNA, CHANGANACHERRY, KOTTAYAM DISTRICT 686 101

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6 THANKAPPAN NAIR S/O.KRISHNA PILLAI, VELIPPARAMABIL, CHARAMANGALAM MURI, THANNERMUKKOM SOUTH VILLAGE, ALAPPUZHA DISTRICT 688 527

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7 OORALI KUDUMBAYOGAM

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REGISTER NO.A 97/98, CHARAMANGALAM MURI, THANNEERMUKKOM SOUTH VILLAGE, REP.BY ITS SECRETARY G. ANILKUMAR, S/O.GOPALAKRISHNAN NAIR, USHA NIVAS, CHARAMANGALAM MURI, ALAPPUZHA 688 527

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8 PARAMBUVELIKKAKATHU KUDUMBA DHARMA DAIVA SAMRAKSHNA SAMITHI

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REP.BY ITS PRESIDENT, MOHANACHANDRAN, S/O.GANGADHARA MENON, ROSE GARDENS, CHARAMANGALAM MURI, ALAPPUZHA 688 527

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9 CHIRAYIL KUDUMBA KSHETHRA YOGAM TRUST REP.BY ITS PRESIDENT SOMASUNDARAN A/O.VELAYUDHA MENON, CHARAMANGALAM MURI, THANNEERMUKKOM SOUTH VILLAGE, ALAPPUZHA 688 527

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10 KAIKKARA CHELATTU KUDUMBAYOGA TRUST REG. NO.1616/06, KAIPPURAM, MUHAMMA P.O., REP.BY ITS SECRETARY K.P.SADASIVAN NAIR, S/O.PARAMESWARA PANICKER, KARTHIKA, MUHAMMA P.O., CHARAMANGALAM MURI, ALAPPUZHA 688 525

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11 MANJEZHAM KUDUMBAYOGAM TRUST REG. NO.264/05, CHARAMANGALAM MURI, MUHAMMA P.O., REP. BY ITS PRESIDENT PRABHAKARAN NAIR, S/O.KRISHNAN NAIR, CHALAMADATHIL, MATTATHIL, MUHAMMA P.O., ALAPPUZHA 688 525

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12 N.S.S KARAYOGAM NO.4413 CHARAMANGALAM, REP. BY ITS PRESIDENT, CHARAMANAGALAM P.O., ALAPPUZHA 688 527

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13 N.S.S. KARAYOGAM NO.4413

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OP(C) NO. 801 OF 2021

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CHARAMANGALAM, REP. BY ITS SECRETARY, CHARAMANAGALAM P.O., ALAPPUZHA 688 527

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14 N.S.S. KARAYOGAM NO.4413 CHARAMANGALAM, REP. BY ITS TREASURER, CHARAMANAGALAM P.O., ALAPPUZHA 688 527

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 02.08.2021, THE

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COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP(C) NO. 801 OF 2021

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JUDGMENT

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Dated this the 2nd day of August, 2021

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The petitioner is the plaintiff in O.S No.343 of 2009 of the Additional Munsiff's Court, Cherthala, now pending in appeal on the files of the Subordinate Judge's Court, Cherthala as A.S No. 56 of 2018. The prayer in this original petition is for expeditious disposal of two interlocutory applications filed in the appeal.

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2. In the report called for by this Court, the learned Sub Judge has stated that report has not been filed by the Advocate Commissioner appointed at the appellant's instance and that, the Commissioner has been directed to file the report forthwith. The learned Judge has also stated that the interlocutory applications can be disposed in two months.

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3.Sri. Hariharaputhran, learned Counsel appearing for the 1 st respondent submits that the appeal itself is ripe for hearing and hence rather than directing disposal of the interlocutory applications, the court below may be directed to dispose the appeal itself.

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4.Sri.S.V Balakrishnan Iyer, learned Senior Counsel appearing for the petitioner submits that the interlocutory applications were necessitated due to the 1 st respondent's attempt to alienate the plaint

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OP(C) NO. 801 OF 2021

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schedule properties and to commit waste therein. Therefore, if the appeal is being directed to be disposed of, it should be ensured that the properties are not alienated nor any waste committed therein. Learned counsel for the 1 st respondent clarified that the 1 st respondent has no intention of alienating or committing waste and the intention is only to construct a building in the property.

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5.Having heard the learned counsel on both sides and having considered the report received from the jurisdictional Judge, the original petition is disposed of directing the Sub Judge, Cherthala, to decide A.S No. 56 of 2018 within three months of receipt of a copy of this judgment. The submission made on behalf of the 1 st respondent that the properties involved in the suit will not be alienated, nor any waste committed therein, is recorded. This order does not interdict the 1st respondent from effecting construction in the property.

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In view of the limited relief being granted, notice to the other respondents is dispensed with.

Sd/-

V.G ARUN JUDGE

OP(C) NO. 801 OF 2021

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APPENDIX OF OP(C) 801/2021

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PETITIONER EXHIBITS

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EXHIBIT P1 DATED 9.11.2018, TRUE COPY A.S.NO.56 OF 2018 ON THE FILE OF THE SUBORDINATE JUDGE'S COURT, CHERTHALA EXHIBIT P2 DATED 24.2.2020, TRUE COPY OF IA NO.1 OF 2020 IN A.S.NO.56 OF 2018 ON THE FILE OF THE SUBORDINATE JUDGE'S COURT, CHERTHALA EXHIBIT P3 9.3.24.2.2020, TRUE COPY OF IA NO.10 OF 2021 IN A.S.NO.56 OF 2018 ON THE FILE OF THE SUBORDINATE JUDGE'S COURT, CHERTHALA

Kochanakulangara Devaswam v. Charamangalam East N.S.S.Karayogam

Case brief

What is this about?

What did the court decide?

Kochanakulangara Devaswam v. Charamangalam East N.S.S.Karayogam

Case brief

What is this about?

What did the court decide?

What the court decided

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