IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

TUESDAY, THE 30TH DAY OF JANUARY 2018 / 10TH MAGHA, 1939

OP(C).No. 3105 of 2017

OS.NO. 22/2016 of GRAMA NYAYALAYA, NEDUMKANDOM

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PETITIONER(S)/1ST DEFENDANT

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RETNAMMA,

AGED 66 YEARS, W/O.MOHANAN, PUTHENPARAMBIL VEETTIL,

ACHAKKADA BHAGOM, KAMBAM METTU KARA, KARUNAPURAM

VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT-685552.

BY ADVS.SRI.K.S.HARIHARAPUTHRAN

SRI.M.D.SASIKUMARAN

SRI.GEORGE MATHEW

SRI.SUNIL KUMAR A.G

SRI.DIPU JAMES

SRI.SETHURAM DHARMAPALAN

SRI.P.J.SHIJO

RESPONDENT(S)/PLAINTIFF:

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RAJEESH,

S/O.MOHANAN, AGED 36 YEARS, PUTHENPARAMBIL VEETTIL,

ACHAKKADA BHAGOM, KAMBAM METTU KARA, KARUNAPURAM

VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT,

REPRESENTED BY HIS POWER OF ATTORNEY HOLDER SREEKALA,

AGED 33 YEARS, W/O.RAJEESH, PUTHENPARAMBIL VEETTIL,

ACHAKKADA BHAGOM, KAMBAM METTU KARA, KARUNAPURAM

VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT-685552.

BY ADV. SRI.BIJU .C. ABRAHAM

THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 30-01-2018,

THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

TS

OP(C).No. 3105 of 2017 (O)

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APPENDIX

PETITIONER(S)' EXHIBITS

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EXHIBIT P1- TRUE COPY OF PLAINT DTD.08/04/2016 IN O.S.NO.22 OF

2016 OF GRAMA NYAYALAYA AT NEDUMKANDAM.

EXHIBIT P2- TRUE COPY OF WRITTEN STATEMENT FILED BY

PETITIONER ON 05/08/2016 IN EXT.P1.

EXHIBIT P3- TRUE C0PY OF I.A.NO.38 OF 2017 DTD.12/05/2017 IN

EXT.P1.

EXHIBIT P4- TRUE C0PY OF I.A.NO.39 OF 2017 DTD.12/05/2017 IN

EXT.P1.

RESPONDENT(S)'EXHIBITS - NIL

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/TRUE COPY/

PS TO JUDGE

TS

ALEXANDER THOMAS, J.

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O.P(C) No.3105 of 2017

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Dated this the 30^th day of January, 2018

JUDGMENT

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The main prayers in this Original Petition (Civil)

filed under the enabling provisions contained in Article 227

of the Constitution of India are as follows:

I)

to issue a direction in the nature of mandamus on the

Grama Nyayalaya at Nedumkandam to consider and pass

orders on Exts.P3 and P4 before proceeding further with

Ext.P1 suit; (amended and deleted as per order dated

27.10.2017 in I.A.No.1916 of 2017 in O.P.(C)No.3105 of 2017.

II)

to pass an order staying all further proceedings in

O.S.No.22 of 2016 of the Grama Nyayalaya at Nedumkandam;

III)

to pass an order or direction on the Grama Nyayalaya at

Nedumkandam to consider and pass orders on Exts.P3 and P4

before proceeding further with Ext.P1 suit; (amended and

added as per order dated 27.10.2017 in I.A.No.1916 of 2017 in

O.P.(C)No.3105 of 2017.

2.

Heard Sri.George Mathew, learned counsel

appearing for the petitioner/1^st defendant and Sri.Biju

C.Abraham, learned counsel appearing for the

respondent/sole plaintiff.

3.

It is pointed out that the petitioner herein is the

O.P.(C).3105/17 :2:

first petitioner in O.S…No.22/2016 on the files of the

Grama Nyayalaya, Nedumkandam. The other defendants

therein are the petitioner’s son, daughter as well as the

second defendant’s wife. The suit has been filed by the

respondent herein, who also happens to be another son of

the petitioner. The above suit has been preferred by the

respondent herein for a decree of injunction restraining the

defendants from entering into the properties, buildings

therein, etc., and taking yields for the peaceful residence of

the respondent and his family therein and for recovery of

possession along w