VADAKKEKKARA KORAN S/O LATE KALLIYODAN KORAN vs GOWRI D/O LATE PULLAKODY KUNHAMBU NAIR

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Ker) 963

EASWARAN S.
VADAKKEKKARA KORAN S/O LATE KALLIYODAN KORAN – Appellant
Versus
GOWRI D/O LATE PULLAKODY KUNHAMBU NAIR – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: A. ARUNKUMAR.
For the Respondent: SATHEESHAN ALAKKADAN.

JUDGMENT :

1. Petitioners are the plaintiffs in O.S. No. 564 of 1997. The 2nd plaintiff, who is the wife of the 1st petitioner and mother of petitioners 2 to 6, died during the pendency of the suit.

2. O.S. No. 564 of 1997 on the files of Munsiff’s Court, Hosdurg was a suit for permanent prohibitory injunction restraining the defendants and their men from trespassing into the plaint B schedule and C schedule properties. The suit was instituted based on a purchase certificate issued by the Land Tribunal (II), Kanhangad in SM No. 1084 of 1976 in respect of 4 Acres of land. The plaintiffs also prayed for a declaration of title based on the purchase certificate. During the pendency of the suit, an application under Section 10 of the Code of Civil Procedure, 1908 was filed as I.A. No. 2298 of 2000 for staying the suit in view of the pendency of appeal before the appellate authority as A.A. No. 2 of 1999 and the Munsiff’s Court stayed the suit till disposal of the appeal as per Ext.P3 order dated 23.3.2001. In the meanwhile, the appellate authority allowed A.A.N o. 2 of 1999 and remanded the matter to the Land Tribunal for fresh disposal in accordance with law. Thereafter, the petitioners

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