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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN THURSDAY, THE 18TH DAY OF NOVEMBER 2021 / 27TH KARTHIKA, 1943 OP(C) NO. 1867 OF 2021 AGAINST THE ORDER/JUDGMENT IN CMA 43/2021 OF VI - ADDITIONAL DISTRICT COURT, ERNAKULAM, ERNAKULAM IA 2/2021 IN OS 519/2021 OF II ADDITIONAL MUNSIFF COURT, ERNAKULAM, ERNAKULAM PETITIONER/S/APPELLANT/RESPONDENT/DEFENDANT:
MIXON I.J.
AGED 46 YEARS, S/O. I.C JOSEPH, IKKARAPARAMBIL HOUSE, THOPPIL, THRIKKAKARA P.O, VAZHAKKALA VILLAGE,KANAYANNOOR TALUK, ERNAKULAM DISTRICT - 682021.
BY ADVS.
PAUL K.VARGHESE A.A.GEETHA RESPONDENT/S/RESPONDENTS/PETITIONERS/PLAINTIFFS:
1 RADHAKRISHNAN AGED 74 YEARS, S/O. SANKARAN NAIR, KANNOTHKUNNEL, ATTANIYEDATH ROAD, VENNALA P.O, EDAPPALLY SOUTH VILLAGE, KANAYANNOOR TALUK, ERNAKULAM DISTRICT - 682028.
2 KRISHNAKUMARI.
AGED 57 YEARS W/O.RADHAKRISHNAN, KANNOTHKUNNEL, ATTANIYEDATH ROAD, VENNALA P.O, EDAPPALLY SOUTH VILLAGE, KANAYANNOOR TALUK, ERNAKULAM DISTRICT - 682028.
BY ADVS.
C.N.SREEKUMAR SABU P.JOSEPH ANIL PRASAD MANU HORMIS WILSON THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 18.11.2021, ALONG WITH OP(C).1875/2021, 1881/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN THURSDAY, THE 18TH DAY OF NOVEMBER 2021 / 27TH KARTHIKA, 1943 OP(C) NO. 1875 OF 2021 AGAINST THE ORDER/JUDGMENT IN CMA 45/2021 OF VI ADDITIONAL DISTRICT COURT,ERNAKULAM IA 2/2021 IN OS 520/2021 OF II ADDITIONAL MUNSIFF COURT, ERNAKULAM, ERNAKULAM PETITIONER/S/APPELLANT/PETITIONER/PLAINTIFF:
MIXON I.J.
AGED 46 YEARS, S/O I.C.JOSEPH, IKKARAPARAMBIL HOUSE, THOPPIL, THRIKKAKARA P.O.VAZHAKKALA VILLAGE, KANAYANNOOR TALUK, ERNAKULAM DISTRICT-682 021 BY ADVS.
PAUL K.VARGHESE A.A.GEETHA RESPONDENT/S/RESPONDENTS/RESPONDENT/DEFENDANTS:
1 RADHAKRISHNAN AGED 73 YEARS, S/O SANKARAN NAIR, KANNOTHKUNNEL, ATTANIYEDATH ROAD, VENNALA P.O.EDAPPALLY SOUTH VILLAGE, KANAYANNOOR TALUK, ERNAKULAM DISTRICT-682
028
2 S.SURESH MENON.
AGED 46 YEARS, S/O SANKARAN NAIR, MANGALAKUZHIYIL HOUSE, ATTANIYEDATH ROAD, VENNALA P.O.EDAPPALLY SOUTH VILLAGE, KANAYANNOOR TALUK, ERNAKULAM DISTRICT-682 028 BY ADVS.
C.N.SREEKUMAR K.M.SANAL ANUP T PAUL SABU P.JOSEPH ANIL PRASAD MANU HORMIS WILSON KAVYA RAJ THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
18.11.2021, ALONG WITH OP(C).1867/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN THURSDAY, THE 18TH DAY OF NOVEMBER 2021 / 27TH KARTHIKA, 1943 OP(C) NO. 1881 OF 2021 AGAINST THE ORDER IN IA 3/2021 IN OS 519/2021 OF II ADDITIONAL MUNSIFF COURT, ERNAKULAM, ERNAKULAM PETITIONER/S/APPELLANT/RESPONDENT/DEFENDANT:
MIXON I.J.
AGED 46 YEARS S/O. I.C JOSEPH, IKKARAPARAMBIL HOUSE, THOPPIL, THRIKKAKARA P.O., VAZHAKKALA VILLAGE, KANAYANNOOR TALUK, ERNAKULAM DISTRICT-682 021 BY ADVS.
PAUL K.VARGHESE A.A.GEETHA RESPONDENT/S/RESPONDENTS/PETITIONERS/PLAINTIFFS:
1 RADHAKRISHNAN AGED 74 YEARS S/O. SANKARAN NAIR, KANNOTHKUNNEL, ATTANIYEDATH ROAD, VENNALA P.O., EDAPPALLY SOUTH VILLAGE, KANAYANNOOR TALUK, ERNAKULAM DISRICT-682 028
2 KRISHNAKUMARI, AGED 57 YEARS W/O. RADHAKRISHNAN, KANNOTHKUNNEL, ATTANIYEDATH ROAD, VENNALA P.O., EDAPPALLY SOUTH VILLAGE, KANAYANNOOR TALUK, ERNAKULAM DISRICT-682 028 BY ADVS.
C.N.SREEKUMAR SABU P.JOSEPH ANIL PRASAD MANU HORMIS WILSON THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
18.11.2021, ALONG WITH OP(C).1867/2021 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
[OP(C) Nos.1867/2021, 1875/2021, 1881/2021]
Having heard the learned Counsel at length, I am of the considered opinion that the contentions raised herein should be raised before the trial court and any order passed by this Court, in exercise of the jurisdiction under Article 227 of the Constitution of India, will have an impact on the discretion to be exercised by the trial court. Hence, these Original Petitions are closed, without prejudice to the right of the parties to raise all contentions before the trial court.
Sd/-
V.G.ARUN JUDGE RK APPENDIX OF OP(C) 1875/2021 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE SALE DEED NO 2933/2008 EXECUTED BY SHEEJA K KATTIKARIAN IN FAVOUR OF THE PETITIONER DATED 26.6.2008 Exhibit P2 A TRUE COPY OF THE TAX RECEIPT ISSUED BY THE VILLAGE OFFICER, EDAPPALLY SOUTH VILLAGE OFFICE TO THE PETITIONER DATED
26.2.2020 Exhibit P3 A TRUE COPY OF THE LOCATION SKETCH OF THE PROPERTY Exhibit P4 A TRUE COPY OF THE PLAINT IN OS NO
520/2021 ON THE FILE OF MUNSIFF COURT, ERNAKULAM DATED 7.7.2021 Exhibit P5 A TRUE COPY OF THE TEMPORARY INJUNCTION AS IA NO 2/2021 IN OS NO 520/2021 ON THE FILE OF MUNSIFF COURT, ERNAKULAM DATED
7.7.2021 Exhibit P6 A TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE 1ST RESPONDENT IN IA NO
2/2021 IN OS NO 520/2021 ON THE FILE OF MUNSFF COURT, ERNAKULAM DATED 10.7.2021 Exhibit P7 A TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE 2ND RESPONDENT IN OS NO
520/2021 ON THE FILE OF MUNSIFF COURT, ERNAKULAM DATED 12.7.2021 Exhibit P8 A TRUE COPY OF THE COMMISSION REPORT IN OS NO 520/2021 ON THE FILE OF MUNSIFF COURT, ERNAKULAM DATED 20.7.2021 Exhibit P9 A TRUE COPY OF THE PLAINT IN OS NO
519/2021 ON THE FILE OF MUNSIFF COURT, ERNAKULAM DATED 8.7.2021 Exhibit P10 A TRUE COPY OF THE MANDATORY INJUNCTION PETITION AS IA NO 2/2021 IN OS NO
519/2021 ON THE FILE OF MUNSIFF COURT, ERNAKULAM DATED 8.7.2021 Exhibit P11 A TRUE COPY OF THE TEMPORARY INJUNCTION PETITION AS IA NO 3/2021 IN OS NO
519/2021 ON THE FILE OF MUNSIFF COURT, ERNAKULAM DATED 8.7.2021 Exhibit P12 A TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE PETITIONER IN IA NO 2/2021 IN OS NO 519/2021 DATED 4.8.2021 Exhibit P13 A TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE PETITIONER IN IA NO 3/2021 IN OS NO 519/2021 Exhibit P14 A TRUE COPY OF THE COMMISSIONER REPORT AS WELL AS SKETCH IN OS NO 519/2021 ON THE FILE OF MUNSIFF COURT, ERNAKULAM DATED
20.7.2021 Exhibit P15 A TRUE COPY OF THE COMMON ORDER OF THE MUNSIFF COURT, ERNAKULAM IN IA NO 2/2021 IN OS NO 519/2021 AND IA NO 3/2021 IN OS NO 519/2021 AND IA NO 2/2021 IN OS NO 520/2021 ON THE FILE OF MUNSIFF COURT ERNAKULAM DATED 9.8.2021 Exhibit P16 A TRUE COPY OF THE COMMON ORDER IN CMA NO
43/2021, CMA NO 44/2021 AND CMA NO
45/2021 ON THE FILE OF DISTRICT COURT, ERNAKULAM DATED 22.9.2021 APPENDIX OF OP(C) 1881/2021 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE SALE DEED NO.2933/2008 EXECUTED BY SHEEJA J.KATHIKKARON INS FAVOUR OF THE PETITIONER DATED 26.6.2008 Exhibit P2 A TRUE COPY OF THE TAX RECEIPT ISSUED BY THE VILLAGE OFFICE, EDAPPALLY SOUTH VILLAGE OFFICE TO THE PETITIONER DATED
26.2.2020 Exhibit P3 TRUE COPY OF THE LOCATION SKETCH OF THE PROPERTY Exhibit P4 A TRUE COPY OF THE PLAINT IN OS NO.520/2021 ON THE FILE OF MUNSIFF COURT, ERNAKULAM DATED 7.7.2021 Exhibit P5 A TRUE COPY OF THE TEMPORARY INJUNCTION AS IA NO.2/2021 IN OS NO.520/2021 ON THE FILE OF MUNSIFF COURT, ERNAKULAM DATED
7.7.2021 Exhibit P6 A TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE 1ST RESPONDENT IN IA NO.2/2021 IN OS NO.520/2021 ON THE FILE OF MUNSIFF COURT, ERNAKULAM DATED
10.7.2021 Exhibit P7 A TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE 2ND RESPONDENT IN IA NO.2/2021 IN OS NO.520/2021 ON THE FILE OF MUNSIFF COURT, ERNAKULAM DATED
12.7.2021 Exhibit P8 A TRUE COPY OF THE COMMISSION REPORT IN NO.3/2021 N OS 520/2021 ON THE FILE OF MUNSIFF COURT, ERNAKULAM DATED 20.7.2021 Exhibit P9 A TRUE COPY OF THE PLAINT IN OS NO.519/2021 ON THE FILE OF MUNSIFF COURT, ERNAKULAM DATED 8.7.2021 Exhibit P10 A TRUE COPY OF THE
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