Over 2 lakh Indian cases. Search powered by Google!

Case Details

SULOCHANA, W/O LATE DAMODARAN NAIR versus GANGADHARAN NAIR, S/O LATE MALU AMMA

High Court of Kerala

Case Law Search

Indian Supreme Court Cases / Judgements / Legislation

Judgement


SULOCHANA, W/O LATE DAMODARAN NAIR v. GANGADHARAN NAIR, S/O LATE MALU AMMA - FAO No. 87 of 2007 [2007] RD-KL 4947 (7 March 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

FAO No. 87 of 2007()

1. SULOCHANA, W/O LATE DAMODARAN NAIR,
... Petitioner

2. KAVITHA, D/O LATE DAMODARAN NAIR,

3. SARATH, S/O LATE DAMODARAN NAIR,

Vs

1. GANGADHARAN NAIR, S/O LATE MALU AMMA,
... Respondent

2. UNNIKRISHNAN, S/O LATE MALU AMMA,

3. SOMAN, S/O LATE MALU AMMA,

For Petitioner :SRI.N.L.KRISHNAMOORTHY

For Respondent : No Appearance

The Hon'ble MR. Justice K.PADMANABHAN NAIR

Dated :07/03/2007

O R D E R

K.Padmanabhan Nair,J.

F.A.O.No.87 of 2007

Dated, this the 7th day of March, 2007



JUDGMENT

Defendants 2 to 4 in O.S.No.33 of 2006 on the file of Subordinate Judge's Court, Koyilandy are the appellants in this First Appeal from Order. Respondents 1 and 2 filed a suit for partition. In the suit, they filed an injunction application for an order of temporary injunction restraining the defendants from committing any act of waste and from making any alteration to the building situated in the suit property. The appellants claimed absolute title over the building under a Will and contended that they had a right to make alterations. The Court below found that since the genuineness of the Will is under challenge, it is not just and proper to allow the appellants to commit any act of waste to the house situated in the plaint 'A' schedule property and make any alteration to the said house and in the interest of the appellant also, the building is to be protected by such an order. Accordingly, the trial Court granted temporary injunction. Challenging that order, this appeal is filed. F.A.O.No.87 of 2007

2. The learned counsel appearing for the appellants submits that the building is leaking and the appellants wanted to make some repairs and maintenance. Unless that is carried out immediately, substantial damage will be caused to the building in the ensuing monsoon season. The learned counsel appearing for the appellants has also stated that the building situated in the property is an old one with a concrete roof with two bed rooms and during rainy reason, the building is leaking. It is contended that in order to avoid leaking, they have decided to construct upstair portion. It is submitted that the appellants had constructed the walls, etc. and more than half of the construction work is already over. It is argued that the plaintiffs were aware of the work from the very beginning, but did not raise any objection when the work started. It is argued that the suit and the injunction petition were filed without any bona fides. It is submitted that if the unfinished building portion is allowed to remain as such, the appellants will sustain heavy damages and it is only with the intention of compelling the appellants for a compromise that the suit and injunction petition were filed. It is submitted that the appellants will not claim any compensation for F.A.O.No.87 of 2007 the newly constructed building portion or special right in respect of the building and they may be allowed to put up at least a roof over the constructed portion. It is open to the appellants to approach the trial court, make such a request and if such a request is made, the trial Court shall consider and dispose of the same in accordance with law after hearing the plaintiffs also. The appeal is disposed of with the above observation. I.A.No.919 of 2007 shall stand dismissed. I.A.No.920 of 2007 perused and closed. K.Padmanabhan Nair Judge vku/-


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

Advertisement

dwi Attorney | dui attorney | dwi | dui | austin attorney | san diego attorney | houston attorney | california attorney | washington attorney | minnesota attorney | dallas attorney | alaska attorney | los angeles attorney | dwi | dui | colorado attorney | new york attorney | new jersey attorney | san francisco attorney | seattle attorney | florida attorney | attorney | london lawyer | lawyer michigan | law firm |

Tip:
Double Click on any word for its dictionary meaning or to get reference material on it.