Kerala Court May 1963 Judgments
Chellappan S/O Pathiramannel Krishnan and anr. Vs. K.P. Varughese and ...
Court: Kerala
Decided on: May-29-1963
Reported in: AIR1964Ker23
M. Madhavan Nair, J.1. The appellants are the plaintiffs in a suit for injunction to restrain execution of a decree obtained by the 1st respondent for eviction of the 2nd respondent from a piece of land 13i cents in extent. That decree was by the Subordinate Judge, Ernakuiam, affirmed on appeal by this Court on January 25, 1963. On February 28, 1963, the appellants instituted the present suit claiming 8 out of the 13 1/2 cents as been dedicated by the 1st respondent's vendor and given possession to the 2nd respondent in 1946/1947 for putting up a temple for Lord Subran-monia who was made no party to the decree, and applied tor a temporary injunction to restrain execution proceedings moved by the 1st respondent. Though an interim injunction was ordered thereon, the Subordinate Judge has, after nearing both sides, discharged the same. Against that order, the appellants have preferred C.M.A. No. 23 of 1963 in the District Court, Emakulam, and by an interlocutory application therein sought...
Tag this Judgment!Padmanabhan Kochu Kurumpa and ors. Vs. Sankara Pillai Narayanan Pillai
Court: Kerala
Decided on: May-28-1963
Reported in: AIR1965Ker104
S. Velu Pillai, J. 1. In this second appeal, plaintiffs 1 to 7 challenge the correctness of the direction in the judgment of the IN Subordinate Judge on appeal, that they could retain possession of the suit property only on redaaming the respondent--1st defendant. The plaintiffs have come I into possession of the property, in pursuance of the sale in execution of the decree in O. S. 396 of 1099, obtained on the strength of two fiypothecation bonds, Ext. B of the year 1090 and Ext. C of the year 1094. There was an intermediate bond, Ext. M of the year 1093, the hypothecatee under which was not impleaded. Ext. M also was put in suit in O. S. 1244 of 1106, without impleading the plaintiffs' predecessor in interest, who at the time represented the equity of redemption pursuant to the court sale in O. S. 398 of 1099 and to subsequent assignments. Defendants 1 to 8 claim under the execution sale in O. S. 1244 of 1106. When they attempted to take delivery of possession, plaintiffs 1 and 2 and...
Tag this Judgment!K.M. Sugatha Prasad and ors. Vs. State of Kerala and ors.
Court: Kerala
Decided on: May-24-1963
Reported in: AIR1965Ker19; (1966)IILLJ93Ker
ORDERC.A. Vaidialingam, J. 1. In all these four writ petitions, the respective petitioners, challenge the orders passed by the apporpriate authorities terminating their officiating services as teachers in the Education Department of the State. As the grounds of attack taken on behalf of the petitioners, and the defence of the State in all these matters are substantially common, all the writ petitions have been heard together.2. The questions that arise for consideration in all these writ petitions are (i) whether any of the fundamental rights guaranteed to the petitioners under the Constitution have been in any manner infringed or violated by the orders under attack; and (2) whether the State Government is bound to disclose the grounds, on the basis of which they have come to the conclusion that the character and antecedents of each of these petitioners are not such as to make them eligible for appointment to service under the State.3. In O. P. Nos. 119, 497 and 532 of 1962, the circum...
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