Santamma v. M. Manickam
IN THE HIGH COURT AT CALCUTTA
CIRCUIT BENCH AT PORT BLAIR ...
CO/21/2021 Santamma ...
Applicant Vs.
M. Manickam ...
Respondent Ms.A.S.Zinu, Advocate ... for the Revisionist November 15, 2021 [GNC] Item No.2 The Revisionist filed the instant application against the order dated 29th September, 2021 passed by the learned District Judge, Andaman and Nicobar Islands, Port Blair in Misc. Appeal No.16 of 2020. The said appeal arose out of an order dated 20th November, 2020 passed by the learned Civil Judge(Junior Division-I), Port Blair. By the said order the Civil Judge (Junior Division) had declined the temporary injunction.
The brief facts of the case are that the Revisionist and her husband are the engaged in matrimonial dispute. In the proceedings under the Domestic Violence Act, 2005, the Revisionist claims to have obtained restraint orders against her husband from evicting her from the property in her occupation being survey No.257.
It is submitted that the husband having failed to evict the Revisionist from the matrimonial house, sold survey No.258 to the opposite party/defendant in the suit. It is also
submitted that the only pathway providing ingress and igress out of survey No.257 is through survey No.258. Upon coming to know that the husband of the Revisionist was going to sell the survey No.258 to the opposite party/defendant, Title Suit No.18 of (renumbered Title Suit No.02 of 2019) was filed before the Additional Civil Judge (Junior Division), Port Blair. The Revisionist prayed for a decree to restrain the opposite party from purchasing the property under survey No.258 from her husband.
No steps appear to have been taken for any interim relief in the said suit. The suit in since pending. After the sale of the said property materialized between the opposite party and her husband, the Revisionist filed Other Suit No.5 of 2020 and sought injunction which was declined by the learned Civil Judge(Junior Division). The prayers in the suit inter alia, for a declaration that the Revisionist has right to the easement in survey No.258 for access to survey No.257. The two Courts below have concurrently rejected the claim of the petitioner. This Court cannot find any infirmity with the orders passed by the Courts below.
Admittedly, the petitioner does not have any title to the property she occupies i.e. survey No.257 or even survey
No.258. Both the said survey numbers are in the name of the petitioner's husband.
In the absence of any such title the Revisionist cannot claim any easement rights much less any other right in respect of survey No.258.
The Revisional Application shall therefore stand dismissed.
It is, however, clarified as follows:- The proceedings under the Domestic Violence Act, 2005 are wholly independent and any civil or property rights under the General Law.
Dismissal of the Revisional Application or the rejection of temporary injunction by the two Courts below shall not stand in the way of any Court acting under the provisions of the Domestic Violence Act, 2005 from entertaining and deciding any claim that the Revisionist may have inter alia against her husband.
The Revisionist shall serve a copy of this order on the opposite parties as also their learned counsel in the Courts below.
The Revisional Application stands disposed of. ( Rajasekhar Mantha, J. )