Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN MONDAY, THE 24TH DAY OF JANUARY 2022 / 4TH MAGHA, 1943 AGAINST THE ORDER/JUDGMENT IN IA 33/2021 IN CMA 2/2021 OF DISTRICT COURT, KAVARATHY PETITIONERS/RESPONDENTS: 1 FAIROOS BANU AGED 57 YEARS D/O SHAHARBHANU, BANAGALAPURA HOUSE, AMINI ISLAND, U T OF LAKSHADWEEP 682 552 2 BEEBI AISHA, AGED 35 YEARS D/O FAIROORS BANU, BANAGALAPURA HOUSE, AMINI ISLAND, U T OF LAKSHADWEEP 682 552 BY ADVS. PARVATHY VIJAYAN S.SIBHA P.M.MOHAMMED SALIH RESPONDENTS/APPELLANTS:
1 ABDUL RASHEED AGED 74 YEARS S/O ABDUL KHADER SAHIB, BANAGALAPURA HOUSE, AMINI ISLAND U T OF LAKSHADWEEP 682 552 2 JAMAL, AGED 48 YEARS S/O SAYED BEMMEKKAL, ALIMECHETTA HOUSE, AMINI ISLAND, U T OF LAKSHAWEEP-682 552 BY ADVS. P.MARTIN JOSE LAL K.JOSEPH SURESH SUKUMAR KOYA ARAFA MIRAGE ANZIL SALIM THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
24.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
Dated this the 24th day of January, 2022 The interim order passed in I.A.33/2021 in CMA 02/2021 pending before the District Court at Kavaratti (Ext.P5) is under challenge in this Original Petition filed under Article 227 of the Constitution of India, at the instance of the respondents in the above petition.
2. Heard both sides.
3. Perused Ext.P5 order. Ext.P5 interim order was passed
when the respondents were not present before the Court. It has been observed by the District Judge that no representation for the respondents and no Vakkalath filed. Thus, the District Judge passed an interim order, whereby the operation of interim injunction passed in I.A.29/2020 in O.S.No.17/2020 on the file of the Sub Judge, Amini Island, U.T. of Lakshadweep has been stayed.
3. The respondents approached this Court, on the submission that in view of the difficulty to reach the Court due to
the particular geographical nature of the land, Ext.P5 interim order
was passed and the respondents /petitioners herein are aggrieved in view of the interim order since construction has been going on in the disputed property
4. As per the interim order dated 04.10.2021, this Court stayed the operation of Ext.P5 order.
5. The learned counsel for the second respondent in this
matter would submit that in view of the operation of the order
passed by this Court, now no construction work is going on. However, the learned counsel would submit that construction is almost completed and insertion of window panels alone is the remaining work.
6. Anyhow, no materials before this Court to see what is the present stage of construction. Therefore, that matter requires to be ascertained by process of law. Having considered the grievance advanced by the petitioners
herein, early disposal of CMA 2/2021 pending before the District Court, Kavaratti is absolutely necessary. In view of the matter, I am inclined to direct the District Judge to hear and dispose of CMA production of a copy of this judgment. Till then, the operation of Ext.P5 interim order shall stand stayed. Regarding the construction as of now, both parties can appraise the District Judge regarding the present stage that the District Judge can decide the same appropriately.
Registry is directed to forward a copy of this judgment to the court below concerned, within seven days, for compliance and information. This Original Petition (Civil) is disposed of as above. Sd/- A. BADHARUDEEN JUDGE nkr APPENDIX OF OP(C) 2313/2021 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PLAINT IN OS 17/2020 DATED 11.12.2020 Exhibit P2 TRUE COPY OF THE ORDER DATED 26.8.2021 IN IA 29/2020 IN OS 17/2020 OF THE SUB JUDGE, AMINI ISLAND, U T OF LAKSHADWEEP Exhibit P3 TRUE COPY OF THE CAVEAT OP 3/2021 DATED 9.9.2021 Exhibit P4 TRUE COPY OF THE NOTICE DATED 1.11.2021 Exhibit P5 TRUE COPY OF THE ORDER OF THE LEARNED DISTRICT COURT IN IA 33/2021 IN CMA 2/2021 DATED 23.11.2021 Exhibit P6 TRUE COPY OF THE IA NO 42/2021 DATED 23.11.2021