IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 17TH JUNE 2008 / 27TH JYAISHTA 1930 RSA.No.207 of 2008(G) --------------------------- AS.28/2006 of SUB COURT, KOYILANDY OS.87/2004 of MUNSIFF'S COURT, KOYILANDY .................... APPELLANT/APPELLANT IN A.S./PLAINTIFF IN O.S. ------------------------------------------------------------ RUGMINI BALAKRISHNAN, S/O.KRISHNAN NAIR, 50 YEARS, TRADER, RESIDING AT KUTTIYANKANDY HOUSE, MELUR AMSOM, KOYILANDY, KOZHIKODE DISTRICT. BY ADV. SRI.B.KRISHNAN SRI.R.PARTHASARATHY RESPONDENTS: RESPONDENTS IN A.S./DEFENDANTS IN O.S. ----------------------------------------------------------------------- 1. THE SECRETARY, KOYILANDY MUNICIPALITY, PANTHALAYANI AMSOM, KOTHAMANGALAM DESOM, KOYILANDY, KOZHIKODE DISTRICT. 2. THE MUNICIPAL COUNCIL, KOYILANDY WITH ADDRESS FOR SERVICE: CHAIR PERSON, KOYILANDY MUNICIPAL COUNCIL, PANTHALAYANI AMSOM, KOTHAMANGALAM DESOM, KOYILANDY, KOZHIKODE DISTRICT. THIS REGULAR SECOND APPEAL HAVING COME UP FOR ADMISSION ON 17/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------------ R. S. A. No.207 of 2008 ------------------------------------------------ Dated this the 17th day of June, 2008 JUDGMENT This appeal arises out of a common judgment passed by the first appellate court in A.S.28/06 and A.S.27/06 which arose from a common judgment in O.S.87/04 and O.S.155/04 on the file of the Munsiff's Court, Koyilandy. This R.S.A arises from the judgment in A.S.28/06 which is against the judgment and decree in O.S.87/04 which was a suit for prohibitory injunction which was dismissed concurrently by the courts below. The connected R.S.A. No.307/08 was admitted as substantial questions of law are involved for adjudication therein. However, in this R.S.A there is no substantial question of law arising for consideration and counsel for the appellant submitted that he has no objection in this appeal being disposed of with a R. S. A. No.207 of 2008 -2- direction that eviction of the appellant from the scheduled shop room shall be subject to the decision in R.S.A.307/08 as long as the appellant pays the rent due in relation to the shop room held by him under the Koyilandy Municipality. There is no substantial question of law also involved for adjudication in this R.S.A. 2. In the result, I dispose of this R.S.A with the direction that the eviction of the appellant from the scheduled shop room by the respondent shall be subject to the result of R.S.A.307/08 provided the appellant regularly pays the rent of the shop room to the respondent/Municipality. K.P.BALACHANDRAN, JUDGE kns/-