IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN TUESDAY, THE 25^TH DAY OF JANUARY 2022 / 5TH MAGHA, 1943 OP(C) NO. 2487 OF 2019 AGAINST THE ORDER IN IA.NO.1771/2016 IN OS.NO.274/2016 DATED 25.06.2018 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, PARAVOOR AND JUDGMENT DATED 10.04.2019 IN CMA 40/2018 OF III ADDITIONAL DISTRICT COURT, KOLLAM PETITIONER/7TH DEFENDANT:

J.RAJENDRAN PILLAI AGED 58 YEARS S/O. JANARDHANAN PILLAI, SANGEETHA (RAJESWARI MANDIRAM), POOTHAKKULAM VILLAGE, POOTHAKKULAM P.O., KOLLAM.

BY ADVS.

ARUN BABU SRI.B.DIPU SACH DEEV RESPONDENTS/PLAINTIFF AND DEFENDANTS 1 TO 6:

1 B. BHASI AGED 59 YEARS S/O. BHASKARAN, NANDANAM, SNEHA NAGAR, 32A, KAVALPURA, ERAVIPURAM P.O., KOLLAM-691 011.

2 K.SAVITHRI AGED 79 YEARS W/O. KARUNAKARAN, ARANINNAVILAVEEDU, KOTTAPPURAM CHERI, KOTTAPPURAM VILLAGE, PARAVOOR P.O., KOLLAM-691 301.

*3 PADMAKUMAR AGED 48 YEARS S/O. KARUNAKARAN, ARANINNAVILAVEEDU, KOTTAPPURAM CHERI, KOTTAPPURAM VILLAGE, PARAVOOR P.O.,KOLLAM-691 301.(*DELETED)

4 PADMAKUMARI AGED 46 YEARS D/O. SAVITHRI, KARUNAKARAN, ARANINNAVILAVEEDU, KOTTAPPURAM CHERI, KOTTAPPURAM VILLAGE, PARAVOOR P.O., KOLLAM-691 301.

5 PADMINI AGED 37 YEARS D/O. SAVITHRI, KARUNAKARAN, ARANINNAVILAVEEDU, KOTTAPPURAM CHERI, KOTTAPPURAM VILLAGE, PARAVOOR P.O., KOLLAM-691 301.

6 PADMARAJAN AGED 43 YEARS S/O. KARUNAKARAN, ARANINNAVILAVEEDU, KOTTAPPURAM CHERI, KOTTAPPURAM VILLAGE, PARAVOOR P.O., KOLLAM-691 301.

7 SREEDEVI AGED 40 YEARS D/O. SAVITHRI, KARUNAKARAN, ARANINNAVILAVEEDU, KOTTAPPURAM CHERI, KOTTAPPURAM VILLAGE, PARAVOOR P.O., KOLLAM-691 301.

(*R3 IS DELETED FROM THE PARTY ARRAY AT THE RISK OF THE PETITIONER AS PER ORDER DATED 15.12.2020 IN I.A.NO.1/2020)

R1 BY ADV SRI.B.MOHANLAL THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON

17.01.2022, THE COURT ON 25.01.2022 DELIVERED THE FOLLOWING:

“C.R”

A. BADHARUDEEN, J.

================================

O.P(C).No.2487 of 2019 ================================

Dated this the 25^th day of January, 2022

J U D G M E N T

Order in I.A.No.1771 of 2016 in O.S.No.274 of 2016 dated

25.06.2018 which was confirmed in CMA.No.40/2018 of the III Additional District Judge, Kollam, as per judgment dated 10.04.2019, is under challenge in this Original Petition filed under Article 227 of the Constitution of India.

2. The petitioner herein is the 7^th defendant in the above Suit. Original plaintiff and defendants 1 to 6 are the respondents herein.

3. Heard the learned counsel for the petitioner and the learned counsel representing the learned counsel for the 1^st respondent.

4. For easy reference, I would like to refer the parties in this Original Petition as to their status before the trial court.

5. The plaintiff filed Suit for permanent prohibitory injunction against the defendants. Along with the Original Suit, I.A.No.1771/2016 also was filed seeking temporary injunction restraining the respondents from proceeding with construction in the plaint schedule property and from inducting strangers till the disposal of the Suit.

6. The contention raised by the plaintiff before the trial court is that the plaint schedule property having an extent of 21 cents, originally belonged to one Anantharaman and on his demise, one of his sons, Sri Velu, obtained 1/8 share in the property. Velu died and his legal-heirs sold 1/8 share of Velu in favour of plaintiff as per sale deed and therefore the plaintiff is having right over 1/8 share. It has been specifically contended that O.S.No.79/1989 was filed for partition and preliminary decree was passed allowing partition and final decree proceedings are going on. At this juncture, the defendants started construction in the entire extent of property inclusive of the share entitled by the plaintiff.

7. The 7^th defendant alone contested the matter before the court below admitting his 1/8 share out of 21 cents. According to the 7^th defendant/the petitioner herein, the defendants started construction in the plaint schedule property and therefore they could continue the same and the interim i