Padmini Vs. Babu @ Babukuttan

Padmini vs Babu @ Babukuttan

Type Court Judgment Court Kerala Decided Feb 17, 2014

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https://sooperkanoon.com/case/1128519

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Citation: sooperkanoon.com/1128519
Court: Kerala High Court
Judge: Honourable Mr.Justice V.Chitambaresh
Decided On: Feb 17, 2014
Subject: Land Acquisition

Case Summary

AI-generated summary - not the official court judgment text.

Land Acquisition

Key legal issue: Land Acquisition

Parties & Advocates

Appellant / Petitioner

Padmini

Respondent

Babu @ Babukuttan

Excerpt

.....of the order dt.06.01.2014 in i.a.no.440/2013 in a.s.no.8/2013 on the files of the hon'ble sub court, karunagapally. respondents' exhibits: nil. //true copy// p.a. to judge. prv. v.chitambaresh,j.= = = = = = = = = = = o.p.(c) no.492 of 2014 = = = = = = = = = = = == = = = = dated this the 17th day of february, 2014 judgment an interim order passed on an application for temporary injunction in an appeal suit arising out of a decree for injunction is impugned. it will be inequitable to interfere at this stage when the entire issue is at large in the application for injunction and in the appeal suit.2. interest of justice would be met by directing the court of the subordinate judge of karunagappally to dispose of the application for injunction expeditiously. every endeavour shall be made to dispose of i.a no.440/2013 in a.s no.8/2013 within a period of two weeks from the date of receipt of a copy of this judgment.2. i hasten to add that the impugned order does not confer any special right to respondent nos.1 to 4 other than using the d schedule pathway till orders are passed in i.a no.440/2013. this however shall not involve any demolition of the existing structures till i.a no.440/2013 is disposed of. the original petition is disposed of. v.chitambaresh judge smm 2

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH MONDAY,THE17H DAY OF FEBRUARY201428TH MAGHA, 1935 OP(C).No. 492 of 2014 (O) ------------------------------------ [AGAINST THE ORDER

DTD. 06/01/2014 IN I.A. NO. 440 OF 2013 IN A.S. NO.8/13 ON THE FILES OF THE SUB COURT, KARUNAGAPALLY] .......... PETITIONERS/RESPONDENTS1TO9 PLAINTIFFS: ------------------------------------------------------------------------- 1. PADMINI, W/O.THE LATE SRI.THYGARAJAN,AGED68YEARS, KOLLARAZHIKATHU VEEDU, NADUVATHU CHERRY, THEKKUMBHAGOM VILLAGE, CHAVARA SOUTH P.O., KOLLAM DISTRICT.

2. RANI, W/O.SREEJITH, AGED42YEARS, KOLLARAZHIKATHU VEEDU, NADUVATHU CHERRY, THEKKUMBHAGOM VILLAGE, NOW RESIDING AT SREE NIKETHAN, MEENATHU CHERRY,SAKTHIKULANGARA VILLAGE, KAVANAD P.O, KOLLAM DISTRICT.

3. SMITHA,W/O.VINOD, AGED39YEARS, KOLLARAZHIKATHU VEEDU, NADUVATHU CHERRY, THEKKUMBHAGOM VILLAGE, NOW RESIDING AT PAROOR HOUSE, PATHIYOOR WEST CHERRY, PATHIYOOR VILLAGE, KAREELAKULANGARA P.O., ALAPPUZHA DISTRICT.

4. K.K.SUBHADRA,W/O.THE LATE SRI.SAMBASIVAN, AGED70YEARS,SAHITHY NIVAS, KAIKULANGARA NORTH WARD, KOLLAM WEST VILLAGE KOLLAM DISTRICT.

5. VASANTHA KUMAR,S/O.THE LATE SRI.SAMBASIVAN, AGED53YEARS,SAHITHY NIVAS, KAIKULANGARA NORTH WARD, KOLLAM WEST VILLAGE, KOLLAM DISTRICT.

6. PRASANTH KUMAR, S/O.THE LATE SRI.SAMBASIVAN, AGED50YEARS, SAHITHY NIVAS, KAIKULANGARA NORTH WARD, KOLLAM WEST VILLAGE, KOLLAM DISTRICT.

7. JESUS KUMAR, S/O.THE LATE SRI.SAMBASIVAN, AGED47YEARS, SAHITHY NIVAS, KAIKULANGARA NORTH WARD, KOLLAM WEST VILLAGE, KOLLAM DISTRICT. Prv. O.P.(C).NO.492/2014-O:

8. JINARAJ KUMAR, S/O.THE LATE SRI.SAMBASIVAN, AGED45YEARS, SAHITHY NIVAS, KAIKULANGARA NORTH WARD, KOLLAM WEST VILLAGE, KOLLAM DISTRICT.

9. ISWARYA SAMRUDH, D/O.THE LATE SRI.SAMBASIVAN, AGED31YEARS,SAHITHY NIVAS, KAIKULANGARA NORTH WARD, KOLLAM WEST VILLAGE, KOLLAM DISTRICT. BY ADV. SRI.R.NIKHIL. RESPONDENTS/APPELLANTS/DEFENDANTS1TO4 --------------------------------------------------------------------------- 1. BABU @ BABUKUTTAN, S/O.KUMARAN, AGED56YEARS, KOCHU MELOOTTU VEEDU, NADUVATHU CHERRY, THEKKUMBHAGOM VILLAGE, KARUNAGAPPALLY TALUK, CHAVARA SOUTH P.O., KOLLAM DISTRICT-691 584.

2. THULASI MANI,D/O.KUMARAN, AGED67YEARS, KOCHU MELOOTTU VEEDU, NADUVATHU CHERRY, THEKKUMBHAGOM VILLAGE, KARUNAGAPALLY TALUK, CHAVARA SOUTH P.O., KOLLAM DISTRICT-691 584.

3. THANKAMANI,D/O.KUMARAN, AGED65YEARS, KOCHU MELOOTTU VEEDU, NADUVATHU CHERRY, THEKKUMBHAGOM VILLAGE, KARUNAGAPALLY TALUK, CHAVARA SOUTH P.O., KOLLAM DISTRICT-691 584.

4. AKASH, S/O.THANKAMANI,AGED24YEARS, KOCHU MELOOTTU VEEDU, NADUVATHU CHERRY, THEKKUMBHAGOM VILLAGE, KARUNAGAPPALLY TALUK, CHAVARA SOUTH P.O., KOLLAM DISTRICT-691 584. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON1702-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Prv. O.P.(C).NO.492/2014-O: APPENDIX PETITIONERS' EXHIBITS: EXHIBIT-P1: A TRUE COPY OF THE AWARD OF THE LOK ADALATH IN E.P.NO.193/2007 ON THE FILES OF THE HON'BLE MUNSIFF'S COURT, KARUNAGAPALLY. EXHIBIT-P2: A TRUE COPY OF THE PLAINT IN O.S.NO.358/2009 ON THE FILES OF THE HON'BLE MUNSIFF'S COURT, KARUNAGAPALLY. EXHIBIT-P3: A TRUE COPY OF THE WRITTEN STATEMENT ALONG WITH COUNTER CLAIM IN O.S.NO.358/2009 ON THE FILES OF THE HON'BLE MUNSIFF'S COURT, KARUNAGAPALLY. EXHIBIT-P4: A TRUE COPY OF THE REPLICATION AND STATEMENT TO THE COUNTER CLAIM IN O.S.NO.358/2009 ON THE FILES OF THE HON'BLE MUNSIFF'S COURT, KARUNAGAPALLY. EXHIBIT-P5: A TRUE COPY OF THE COMMISSION REPORT AND MAHAZAR IN O.S.NO.358/2009 ON THE FILES OF THE HON'BLE MUNSIFF'S COURT, KARUNAGAPALLY. EXHIBIT-P6: A TRUE COPY OF THE JUDGEMENT DT .21.01.2013 IN O.S.NO.358/2009 ON THE FILES OF THE HON'BLE MUNSIFF'S COURT, KARUNAGAPALLY. EXHIBIT-P7: A TRUE COPY OF I.A.NO.440/2013 IN A.S.NO.8/2013 ON THE FILES OF THE HON'BLE SUB COURT, KARUNAGAPALLY. EXHIBIT-P8: A TRUE COPY OF THE OBJECTION IN I.A.NO.440/2013 IN A.S.NO.8/2013 ON THE FILES OF THE HON'BLE SUB COURT, KARUNAGAPALLY. EXHIBIT-P9: A TRUE COPY OF THE ORDER

DT.06.01.2014 IN I.A.NO.440/2013 IN A.S.NO.8/2013 ON THE FILES OF THE HON'BLE SUB COURT, KARUNAGAPALLY. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. V.CHITAMBARESH,J.

= = = = = = = = = = = O.P.(C) No.492 of 2014 = = = = = = = = = = = == = = = = Dated this the 17th day of February, 2014

JUDGMENT

An interim order passed on an application for temporary injunction in an appeal suit arising out of a decree for injunction is impugned. It will be inequitable to interfere at this stage when the entire issue is at large in the application for injunction and in the appeal suit.

2. Interest of justice would be met by directing the court of the Subordinate Judge of Karunagappally to dispose of the application for injunction expeditiously. Every endeavour shall be made to dispose of I.A No.440/2013 in A.S No.8/2013 within a period of two weeks from the date of receipt of a copy of this judgment.

2. I hasten to add that the impugned order does not confer any special right to respondent Nos.1 to 4 other than using the D schedule pathway till orders are passed in I.A No.440/2013. This however shall not involve any demolition of the existing structures till I.A No.440/2013 is disposed of. The Original Petition is disposed of. V.CHITAMBARESH JUDGE smm 2

Same Court & Year Kerala · 2014 Same Parties Padmini vs Babu @ Babukuttan Same Subject Land Acquisition Same Judge Honourable Mr.Justice V.Chitambaresh