Allowed

N.Komaladas, v. Trillion Infra Tech

Kerala HC14 Nov 2023OP(C)/2883/2019

Case brief

AI extract

What is this about?

The Kerala High Court allowed an original petition challenging an order permitting building construction. The court set aside the challenged order, noting the original applicant was the defendant in the underlying suit, and permitted the suit to proceed from the stage it was stalled.

What did the court decide?

The original petition was allowed by setting aside the impugned Ext.P6 order permitting construction.

N.Komaladas, Vs Trillion Infra Tech — Landlord and Tenant | Kerala HC (2023)

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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 C. JAYACHANDRAN

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TUESDAY, THE 14^TH DAY OF NOVEMBER 2023 / 23RD KARTHIKA, 1945

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O.P.(C) NO.2883 OF 2019

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AGAINST THE ORDER DATED 13.03.2019 IN I.A. NO.3523/2018 IN O.S. NO.32/2018 ON THE FILE OF THE COURT OF THE SUBORDINATE JUDGE (ADDL.) OF PALAKKAD.

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PETITIONERS:

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1 N.KOMALADAS (DIED) AGED 73 YEARS, S/O. LATE M. NARAYANAN NAIR, PENSIONER, RESIDING AT SUBHASH VILLA, KUNNATHURMEDU, KUNNANUR AMSOM, PALAKKAD. * 2 C.ASWATHY, AGED 34 YEARS, D/O LATE N.KOMALADAS, RESIDING AT 23/816, SUBHASH VILLA, KUNNATHURMEDU, PALAKKAD-678 013. * THE ADDITIONAL PETITIONER IS IMPLEADED AS THE LR OF THE PETITIONER VIDE ORDER DATED 30.01.2023 IN I.A. NO.1/2022.

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BY ADVS. T.C.SURESH MENON SRI.P.S.APPU SRI.A.R.NIMOD B.DEEPAK

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RESPONDENT:

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M/S.TRILLION INFRA TECH, DOOR NO.16/296(13), 1ST FLOOR, THULASIDHALAM ARCADE, KUNNATHURMEDU, PALAKKAD-678013, REPRESENTED BY ITS MANAGING PARTNER, K.KRISHNADAS, S/O.K.G.SEKHARAN UNNI, AGED 30 YEARS, RESIDING AT SANDHYA, AMBATT LANE, CHITTUR TALUK, PALAKKAD DISTRICT, PIN-678 101.

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BY ADV. SRI.BINOY VASUDEVAN

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 14.11.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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O.P.(C) NO.2883 OF 2019

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JUDGMENT

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Dated this the 14^th day of November, 2023

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This Original Petition is preferred by the

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defendant in O.S. No.32/2018 of the Additional Sub

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Court, Palakkad challenging Ext.P6 order, whereby

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the trial court permitted the construction of a

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building in the plaint schedule property.

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When the matter was taken up for

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consideration today, learned counsel for the respondent/plaintiff would submit that the interlocutory application, in which the impugned order was passed, is not pressed by the plaintiff due to efflux of time and subsequent developments.

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The submission of the learned counsel for the respondent/plaintiff is recorded and the original petition is accordingly allowed, by setting aside Ext.P6 order. The suit will proceed from the stage at which it was stalled.

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bpr

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-3-

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O.P.(C) NO.2883 OF 2019

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APPENDIX OF OP(C) 2883/2019

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PETITIONERS' EXHIBITS

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EXHIBIT P1 TRUE COPY OF THE PLAINT IN O.S.NO. 32/2018 ON THE FILE OF THE ADDL. SUB COURT, PALAKKAD DATED 5.3.18. EXHIBIT P2 TRUE COPY OF THE AGREEMENT DATED 11.5.2016. EXHIBIT P3 TRUE COPY OF RELEVANT PAGE OF AGREEMENT DATED 31.7.2017. EXHIBIT P4 TRUE COPY OF I.A.NO.3523/2018 IN O.S.32/2018 DATED 12.11.2018. EXHIBIT P5 COUNTER AFFIDAVIT FILED BY PETITIONER DATED 10.1.2019. EXHIBIT P6 TRUE COPY OF THE ORDER PASSED IN I.A.NO.3523/2018 IN O.S.NO.32/2018 DATED 13.3.2019.

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RESPONDENTS' EXHIBITS

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EXHIBIT R1(A) TRUE COPY OF THE CONSENT GIVEN BY THE KERALA STATE POLLUTION CONTROL BOARD IS IN THE NAME OF THE PLAINTIFF DATED 17.10.2017. EXHIBIT R1(B) TRUE COPY OF THE BUILDING PERMIT NO. BA-369/16-17/E6 DATED 20.12.2017.

N.Komaladas, v. Trillion Infra Tech

Case brief

What is this about?

What did the court decide?

N.Komaladas, v. Trillion Infra Tech

Case brief

What is this about?

What did the court decide?

What the court decided

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