M. LEELA Vs. STATE OF KERALA AND OTHERS

JUDGEMENT

(1.) Petitioner who is a shareholder in the 4th respondent Private Limited Company is the sister of the 3rd respondent who is the Managing Director of the company. The controversy in this Original Petition centres round an extent of 19 cents of land comprised in Survey No. 2699 of Chengazhasseri Village of Trivandrum Taluk which according to the petitioner belongs to the 4th respondent company-the same having been sold to the said company by the father of the petitioner under a registered sale deed No. 1498 dated 31.3.1950 - whereas, according to the 3rd respondent, it is the joint family property of his late father P. Subramoniam in which the petitioner has absolutely no right. According to the petitioner, the disputed property being the company property, the third respondent has no right to construct any structure over the said property for starting any business and any construction or business activity undertaken by the 3rd respondent over the disputed property is unauthorised.

(2.) O.S. 761 of 1996 is a suit filed by the petitioner against the third respondent before the Sub Court, Trivandrum praying for a decree of prohibitory injunction restraining the third respondent from making any construction for his personal requirement in the plaint schedule property and for a mandatory injunction to demolish the "illegal and unauthorised construction" already made in the property belonging to the company.

(3.) When the interim application for injunction filed by the petitioner came up for hearing before the Sub Court, counsel for the third respondent before the trial Court submitted that this Court as per Ext. P3 order in O.P. 13369 of 1996 in which the third respondent figures as the petitioner has permitted him to proceed with the construction of the property. Ext. P3 reads as follows