Siby Abraham, vs Sunitha,

Type Court Judgment Court Kerala Decided Mar 01, 2024

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https://sooperkanoon.com/case/1313619

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Citation: sooperkanoon.com/1313619
Court: Kerala High Court
Judge: Honourable Mr.Justice C. Jayachandran
Decided On: Mar 01, 2024
Case Number: OP(C)/568/2024

Parties & Advocates

Appellant / Petitioner

Siby Abraham,

Respondent

Sunitha,

Excerpt

.....itself. the via-media is to the ..3.. effect that, the petitioner herein will return the title deeds to the respondent, subject to thecondition that respondent will not alienate or encumber the property covered by the title deeds. the back ground facts are follows:there was an agreement for sale between the petitioner and the respondent, wherein the petitioner herein was the purchaser. a suit for specific performance was filed by thepetitioner/purchaser, which was allowed in part,by decreeing return of the advance amount. a counter claim was also preferred by the respondent in that suit for recovery of possession, which was allowed. bot the plaintiff and the respondent have preferred r.f.a before this court and the same is pending herein. it was in such circumstances, that the 2nd suit o.s.no.267/2020 was preferred before the munsiff court, kattappana by the respondent herein, limiting the relief to return of the title deeds...4..4. the above referred solution arrived at by and between the counsel appearing on behalf of theparties, can be accepted. accordingly, this court directs the petitioner to return the title deeds sought for in o.s.no.267/2020 to the respondent herein, before the munsiff court, kattappana. the same will be subject to the condition that the respondent shall not alienate or encumber the property covered by the said title deeds, which is the subject matter of the r.f.a. pending before this court. the learned munsiff will pass a decree to that effect, within a period ten days from thedate of receipt of a copy of this judgment. handing over the title deeds as recorded above will take place within a period of two weekstherefrom. sd/- c. jayachandran judge tr ..5.. appendix of op(c) 568/2024 petitioner exhibits exhibit p1 true copy of the plaint in o.s.267/2020 on.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN FRIDAY, THE 1ST DAY OF MARCH 2024 / 11TH PHALGUNA, 1945 OP(C) NO. 568 OF 2024 AGAINST THE ORDER/JUDGMENT DATED IN OS NO.267 OF 2020 OF MUNSIFF COURT,KATTAPPANA PETITIONER/PETITIONER/DEFENDANT: SIBY ABRAHAM, AGED 44 YEARS S/O. ABRAHAM, NALARICKAL HOUSE, PUTTADI KARA, ANAKKARA VILLAGE, UDUMBANCHOLA TALUK, IDUKKI DISTRICT, PIN - 685554 BY ADV T.K.VIPINDAS RESPONDENT/RESPONDNET/PLANTIFF: SUNITHA, AGED 54 YEARS W/O. M.M.JAMES, MYLADIYIL HOUSE, MUTTOM KARA, MUTTOM VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT, PIN - 685587 OTHER PRESENT: R - K.J.KURIACHAN THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 01.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ..2..

J U D G M E N T

Dated this the 01st day of March, 2024

This     Original          Petition         is     preferred       by         the
defendant       in     the     suit       O.S.No.267/2020              of     the
Munsiff Court,             Kattappana.            He is     aggrieved by

Ext.P4 order, which refused a stay sought for in terms of Section 10 of the Code of Civil Procedure.

2. When the matter was moved at the time of admission, Sri.K.J.Kuriachan, took notice for the respondent.

3. Learned counsel for the petitioner and the

respondent were heard for sometime. During the course of hearing, the counsel appearing for the parties would suggest a via-media, which will serve the purpose of the very suit, O.S.No.267/2020, itself. The via-media is to the ..3.. effect that, the petitioner herein will return the title deeds to the respondent, subject to the

condition that respondent will not alienate or encumber the property covered by the title deeds. The back ground facts are follows:

There    was   an     agreement        for    sale     between    the
petitioner       and     the    respondent,          wherein      the
petitioner herein was the purchaser.                    A suit for
specific       performance          was       filed       by      the

petitioner/purchaser, which was allowed in part,

by decreeing return of the advance amount. A counter claim was also preferred by the respondent in that suit for recovery of possession, which was allowed. Bot the plaintiff and the respondent have preferred R.F.A before this Court and the same is pending herein. It was in such circumstances, that the 2nd suit O.S.No.267/2020 was preferred before the Munsiff Court, Kattappana by the respondent herein, limiting the relief to return of the title deeds.

..4..

4. The above referred solution arrived at by and between the counsel appearing on behalf of the

parties, can be accepted. Accordingly, this Court directs the petitioner to return the title deeds sought for in O.S.No.267/2020 to the respondent herein, before the Munsiff Court, Kattappana. The same will be subject to the condition that the respondent shall not alienate or encumber the property covered by the said title deeds, which is the subject matter of the R.F.A. pending before this Court. The learned Munsiff will pass a decree to that effect, within a period ten days from the

date    of     receipt   of     a    copy     of    this      judgment.
Handing over       the title         deeds as           recorded above
will    take    place    within       a    period       of   two     weeks

therefrom. Sd/- C. JAYACHANDRAN JUDGE TR ..5.. APPENDIX OF OP(C) 568/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PLAINT IN O.S.267/2020 ON THE FILE OF MUNSIFF'S COURT, KATTAPPANA Exhibit P2 TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE PETITIONER HEREIN IN O.S.267/2020 ON THE FILE OF MUNSIFF'S COURT, KATTAPPANA Exhibit P3 TRUE COPY OF THE I.A.NO.6/2024 THE O.S.NO.267/2020 Exhibit P4 TRUE COPY OF THE ORDER IN I.A.NO.6/2024 IN O.S.267/2020 ON THE FILE OF MUNSIFF'S COURT, KATTAPPANA DATED 27- 01-2024

Same Court & Year Kerala · 2024 Same Parties Siby Abraham, vs Sunitha, Same Judge Honourable Mr.Justice C. Jayachandran