Krishnaprasad vs P.T.Sarojini on 13 February, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RSA No. 1149 of 2006()


1. KRISHNAPRASAD, AGED 32 YEARS,
                      ...  Petitioner
2. JYOTHI, W/O. KRISHNANKUTTY,

                        Vs



1. P.T.SAROJINI, AGED 57 YEARS,
                       ...       Respondent

2. PRASANTH, AGED 27 YEARS,

                For Petitioner  :SRI.DINESH MATHEW J.MURICKEN

                For Respondent  :SRI.RAJIT

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :13/02/2007

 O R D E R
                         M.SASIDHARAN NAMBIAR,J.

                       --------------------------

                           R.S.A.NO.1149 OF 2006

                       -------------------------

             DATED THIS THE 13th DAY OF FEBRUARY, 2007


                                     JUDGMENT

Appellants are defendants 1 and 3 in O.S.349/98 on the file of

Munsiff Court, Chavakkad. First respondent is the plaintiff. Learned

Munsiff granted a decree for mandatory injunction directing appellants

to demolish new structure constructed by them encroaching into plaint

‘A’ schedule property and also to vacate the plaint ‘B’ schedule

property within thirty days. Appellants challenged the decree and

judgment before District Court, Thrissur. Learned Additional District

Judge confirmed the decree and judgment and dismissed the appeal.

This second appeal was filed challenging the concurrent decree and

judgment.

2. When the appeal was came up on 13.12.06, it was found

that there is no substantial question of law is involved. Learned

Counsel appearing for appellants then prayed for time to surrender the

building. On that submission notice was issued to respondents.

Learned Counsel appearing for respondents opposed granting time.

3. Learned Counsel appearing for appellants and respondents

were heard.

R.S.A.1149/06 2

4. It was submitted by learned Counsel appearing for

appellants that the children of appellants are studying in school and

till the end of this academic year, appellants may be permitted to

reside in the building and they may be granted time till 31.3.07. In

the circumstances of the case, appellants are granted time to vacate

the building till 31.3.07.

Appeal is dismissed, granting time to the appellants to

surrender vacant possession of the building till 31.3.07. No costs.

                                          M.SASIDHARAN NAMBIAR,JUDGE




Acd


R.S.A.1149/06    3