High Court of KeralaOP(C)/3126/2015disposed of

Sebastian Joseph v. Rukkaiya Beevi

2015-12-21Honourable Mr. Justice K.Abraham Mathew6 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW MONDAY, THE 21ST DAY OF DECEMBER 2015/30TH AGRAHAYANA, 1937 OP(C).No. 3126 of 2015 (O) --------------------------- AGAINST THE ORDER/JUDGMENT IN CMA 1/2014 of ADDL.DISTRICT COURT,KOTTAYAM DATED 17-07-2014 AGAINST THE ORDER/JUDGMENT IN OS 150/2013 of SUB COURT, PALA DATED PETITIONER(S):

-------------------------- 1.

SEBASTIAN JOSEPH, S/O.JOSEPH, AGED 42 YEARS(DEFENDANT 134) VADEKKETHAKIDIYEL HOUSE, CHENAPPADY KARA, PAZHAYIDAM, ERUMELI VILLAGE, KANJIRAPPALLY TALUK, KOTTAYAM DISTRICT REPRESENTED BY HIS POWER OF ATTORNEY HOLDER JOSEPH S/O.CHACKO, VADEKKETHAKIDIYEL HOUSE, CHENAPPADY KARA, PAXHAYIDAM, ERUMELI VILLAGE, KANJIRAPPALLY TALUK, KOTTAYAM DISTRICT THRA.R.NAIR., AGED 33 YEARS,(DEFENDANT 118) D/O.K.S.RAJENDRAN NAIR, INCHAMPALLIL HOUSE, EDAKKUNNAM KARA, ERUMELI VILLAGE, KANJIRAPPALLY TALUK, KOTTAYAM DISTRICT @ THARA.R.NAIR, W/O.SUJITH T.U., PALAPLATTU HOUSE, CHENAPPADY KARA, ERUMELI SOUTH VILLAGE KOTTAYAM DISTRICT.

ANTONY, S/O.VARKEY, AGED 66 YEARS,(DEFENDANT 153) NAGATHUMUKKIL HOUSE, VAZHAKKALA, ATTUMUKKIL, ERUMELI SOUTH VILLAGE, KANJIRAPPALLY TALUK, KOTTAYAM DISTRICT.

P.S.SUDHEER,AGED 46 YEARS,S/O.N.K.SASIDHARAN(DEFENDANT 18) SRINIVALIL HOUSE, THOTTUMUKHAM, PAZHAYIDAM, CHENAPPADY KARA, KANJIRAPPALLY TALUK, KOTTAYAM DISTRICT, REPRESENTED BY HIS POWER OF ATTORNY HOLDER N.K.SASIDHARAN, S/O.KUNJURAMAN, AGED 69 YEARS, SRINIVAL BIRLA COLONY, KE ROAD, KANJIRAPPALLY, KOTTAYAM DISTRICT.

SIFANA.K.SULAIMAN, AGED 36 YEARS, (DEFENDANT 151) D/O.SULAIMAN RAWTHAR, POOVATHUNKAL, KUMARACHANPERUMBIL HOUSE,CHENAPPADY KARA, ERUMELI SOUTH VILLAGE, KANJIRAPPAY TALUK, KOTTAYAM DISTRICT.

SANTHOSH, S/O.THOMAS, AGED 36 YEARS,(DEFENDANT 85) AREEPARAMBIL HOUSE, ERUMELI KARA, ERUMELI SOUTH VILLAGE, KOTTAYAM DISTRICT.

T.M.JOHN,S/O.MATHEW,(DEFENDANT 86) AGED 52 YEARS, THAZHOMPADIKKAL HOUSE,ERUMELI KARA,KANAKAPPLAM P.O, KOTTAYAM DISTRICT.

ABRAHAM SAMUEL,AGED 41 YEARS,S/O.V.M.SAMUEL,(DEFENDANT 79) VADAKKEMATTUMANNIL HOUSE, ERUMELI KARA, KANAKAPPLAM P.O., KOTTAYAM DISTRICT.

SOUMYA, D/O.BALAKRISHNAN NAIR,AGED 33 YEARS(DEFENDANT 145) MADAPPATTU HOUSE, CHENAPPADY KARA, VIZHIKATHODU P.O., ERUMELI SOUTH VILLAGE, KOTTAYAM DISTRICT.

10.

BIJU THOMAS, S/O.THOMAS, AGED 45 YEARS,(DEFENDANT 100) ADUKALLIL HOUSE, EDAKKUNNAM KARA, MUNDAKAYAM P.O., ERUMELI NORTH VILLAGE, KOTTAYAM DISTRICT.

11.

BHASKARA PILLAI, S/O.KUTTANPILLAI, (DEFENDANT 12) AGED 63 YEARS,KATTUPURA HOUSE, CHENAPPADY KARA, ERUMELI SOUTH VILLAGE, KOTTAYAM DISTRICT.

12.

SURESH, S/O.RAJAN, AGED 43 YEARS,(DEFENDANT 46) KIZHAKKETHIL HOUSE, ERUMELI KARA, ERUMELI SPOUTH VILLAGE, KANJIRAPPALLY TALUK, KOTTAYAM DISTRICT.

BY ADV. SRI.A.C.DEVASIA RESPONDENT(S):

---------------------------- 1.

RUKKAIYA BEEVI, AGED 77 YEARS, W/O.LATE PERIYA MEERAN RAVUTHOR, P.S.R. BUNGALOW, KANNAN KARA, KUMBAZHA KARA, KUMBAZHA VILLAGE, KOZHENCHERY TALUK, PATHANAMTHITTA DISITRICT-689 647-PRESENT ADDRESS - NOW RESIDING AT KANJIRAMANIKUNNATHIL PUTHENVEEDU, NEAR CHRISTMAS BHAVAN, OMALLOOR P.O., MANJANIKARA KARA (OMALLOOR TOWN WARD 13), OMALLOOR VILLAGE, KOZHENCHERRY TALUK, PATHANAMTHITTA DISTRICT, PIN-689647 (PLAINTIFF) ADBUI LATHIF, AGED 68 YEARS, S/O. LATE SAYED MOHAMMED RAVUTHAR,RESIDING AT THEKKUMTHOTTATHIUL HOUSE, ERUMELY KARA, ERUMELY P.O., KANJIRAPPALLY TALUK, KOTTAYAM DISTRICT -686509 (1ST DEFENDANT) ADBUL JABBAR, AGED 66 YEARS, S/O.LATE SAYED MOHAMMED RAVUTHOR, RESIDING AT

THEKKUMTHOTTATHIL HOUSE, ERUMELY KARA, ERUMELY P.O., KANJIRAPPALLY TALUK, KOTTAYAM DISTRICT-686509 (2ND DEFENDANT) 4.

THAMBI RAVUTHOR, AGED 79 YEARS, S/O.LATE SAYED MOHAMMED RAVUTHOR,RESIDING AT THEKKUMTHOTTATHIL HOUSE, ERUMELY KARA, ERUMELY P.O., KANJIRAPPALLY TALUK, KOTTAYAM DISTRICT 686 509 (3RD DEFENDANT) 5.

ANEESA NASIM, AGED 51 YEARS, W/O.LATE NASEEMUDEEN, RESIDING AT THEKKUMTHOTTATHIL HOUSE, ERUMELY KARA, ERUMELY P.O.,L KANJIRAPPALLY TALUK, KOTTAYAM DISTRICT686509 (7TH DEFENDFANT) 6.

SAYEED MUHAMMED, AGED 27 YEARS, S/O.LATE NASEEMUDEEN, RESIDING AT THEKKUMTHOTTATHIL HOUSE, ERUMELY KARA, ERUMELY P.O., KANJIRAPPALLY TALUK, KOTTAYAM DISTRICT - 686 509 (8TH DEFENDANT) 7.

SUMINA NASEEM, AGED 23 YEARS, D/O.LATE NASEEMUDEEN, RESIDING AT THEKKUMTHOTTATHIL HOUSE, ERUMELY KARA, ERUMELY P.O., KANJIRAPPALLY TALUK, KOTTAYAM DISTRICT - 686 509 (9TH DEFENDANT) 8.

K.P.HAJARA BEEVI, AGED 65 YEARS, W/O.THAMBI RAVUTHOR, RESIDING AT THEKKUMTHOTTATHIL HOUSE, ERUMELY KARA, ERUMELY P.O., KANJIRAPPALLY TALUK, KOTTAYAM DISTRICT - 686 509 (24TH DEFENDANT) 9.

LATHIFA BEEVI, AGED 58 YEARS, W/O.ABDUL LATHIF, RESIDING AT THEKKUMTHOTTATHIL HOUSE, ERUMELY KARA, ERUMELY P.O., KANJIRAPPALLY TALUK, KOTTAYAM DISTRICT - 686 509 (26TH DEFENDANT) 10.

NOUSHAJA, AGED 39 YEARS, D/O.ABDUL JABBAR, RESIDING AT THEKKUMTHOTTATHIL HOUSE, ERUMELY KARA, ERUMELY P.O., KANJIRAPPALLY TALUK, KOTTAYAM DISTRICT - 686 509 (30TH DEFENDANT) 11.

SEBIN, AGED 34 YEARS, D/O. ABDUL LATHIF, RESIDING AT THEKKUMTHOTTATHIL HOUSE, ERUMELY KARA, ERUMELY P.O., KANJIRAPPALLY TALUK, KOTTAYAM DISTRICT - 686 509 (39TH DEFENDANT) THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 21-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

O.P.(C) NO.3126 OF 2015 APPENDIX PETITIONERS EXHIBITS:

EXHIBIT-P1 TRUE COPY OF THE PLAINT IN O.S.NO.150 OF 2013 EXHIBIT-P2 TRUE COPY OF THJE INJUNCTION PETITION, I.A.NO.1406/2013 IN O.S.NO.150/2013 DATED 30.8.2013 EXHIBIT-P3 TRUE COPY OF THE ORDER IN I.A.NO.1406/2013 IN O.S.NO.150/2013 DATED 6.12.2013 EXHIBIT-P4 TRUE COPY OF THE ORDER IN C.M.A.NO.1/2014 DATED 17.7.2014 EXHIBIT-P5 TRUE COPY OF THE SALE DEED NO.111/2002 OF THE 1ST PETITIONER OF S.R.O ERUMELI DATED 17.1.2002 EXHIBIT-P6 TRUE COPY OF THE E.C. DATED 20.11.2015 OF THE 1ST PETITIONER IN RESPECT OF EXT.P5.

EXHIBIT-P7 TRUE COPY OF THE POWER OF ATTORNEY DATED 26.6.2015 EXECUTED BY THE 1ST PETITIONER IN FAVOUR OF HIS FATHER JOSEPH EXHIBIT-P8 TRUE COPY OF THE SALE DEED NO.1753/2003 OF THE 2ND PETITIONER OF S.R.O, ERUMELI DATED 7.7.2003 EXHIBIT-P9 TRUE COPY OF THE E.C. OF THE 2MND PETITIONER DATED 2.12.2015 IN RESPECT OF EXT.P8 EXHIBIT-P10 TRUE COPY OF THE SALE DEED NO.2424/1/85 OF THE 3RD PETITIONER IN RESPECT OF EXT.P8 EXHIBIT-P11 TRUE COPY OF THE E.C. OF THE 3RD PETITIONER DATED 12.11.2015 IN RESPECT OF EXT.P10 EXHIBIT-P12 TRUE COPY OF THE SALE DEED NO.3178/2010 OF ERUMELI SOUTH VILLAGE OF THE 4TH PETITIONER DATED 4.10.2010 EXHIBIT-P13 TRUE COPY OF THE POWER OF ATTORNEY HOLDER OF THE 4TH PETITIONER EXECUTED IN FAVOUR OF HIS FATHER, DATED 28.6.2010 EXHIBIT-P14 TRUE COPY OF THE E.C. OF THE 4TH PETITIONER DATED 26.11.2015 IN RESPECT OF EXT.

P12 EXHIBIT-P15 TRUE COPY OF THE SALE DEED NO.3585/2004 OF THE 5TH PETITIONER DATED 8.12.2004 OF S.R.O, ERUMELI EXHIBIT-P16 TRUE COPY OF THE E.C. OF THE 5TH PETITIONER IN RESPECT OF THE EXT.P15 DATED 19.11.2015 EXHIBIT-P17 TRUE COPY OF THE SALE DEED NO.

ERUMELI OF PETITIONERS 6 TO 8 EXHIBIT-P18 TRUE COPY OF THE E.C. OF PETITIONERS 6 TO 8 DATED 11.12.2015 EXHIBIT-P19 TRUE COPY OF THE SALE DEED NO.2974/2012 OF THE 9TH PETITIONER DATED 5.10.2012 OF SRO, ERUMELI EXHIBIT-P20 TRUE COPY OF THE E.C. DATED 19.6.2015 IN RESPECT OF EXT.P19 EXHIBIT-P21 TRUE COPY OF THE SALE DEED NO.1822/2012 OF THE 10TH PETITONER DATED 6.6.2012 EXHIBIT-P22 TRUE COPY OF THE E.C. OF THE 10TH PETITIONER IN RESPECT OF EXT.P21 DATED 11.12.2015 EXHIBIT-P23 TRUE COPY OF THE SALE DEED NO.1451/89 OF THE 11TH PETITIONER OF SRO, ERUMELI DATED 24.8.1989 EXHIBIT-P24 TRUE COPY OF THE E.C. DATED 8.7.2015 OF THE 11TH PETITIONER IN RESPECT OF EXT.P23 EXHIBIT-P25 TRUE COPY OF THE SALE DEED NO.1329/2011 OF THE 12TH PETITIONER DATED 28.5.2011 EXHIBIT-P26 TRUE COPY OF THE E.C. OF THE 12TH PETITIONER DATED11.12.2015 IN RESPECT OF EXT.P25 RESPONDENTS EXHIBITS: NIL // TRUE COPY // PA TO JUDGE

K.ABRAHAM MATHEW J.

------------------------------------------ O.P.(C) No.3126 of 2015 -------------------------------------- Dated this the 21st day of December, 2015

JUDGMENT

Petitioners are some of the defendants in O.S.No.150 of 2013 of Sub Court, Pala. The respondents/plaintiffs filed an application for a temporary injunction restraining some other defendants from doing certain acts. That was dismissed. But in C.M.A.No.1 of 2014 the learned district judge has allowed it in part. The respondents in that C.M.A have been restrained from alienating their right in the plaint schedule properties till the disposal of the suit. The prayer in this O.P is to set aside the judgment in the C.M.A and declare that it is not binding on the petitioners and their properties.

Heard the learned counsel for the petitioners. Since the petitioners are not parties to the injunction application or C.M.A No.1 of 2014, there cannot be any doubt that the judgment in C.M.A is not binding on them or their properties. With the above observation, this O.P is disposed of.

K.ABRAHAM MATHEW JUDGE pm