IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
THURSDAY, THE 7TH DAY OF JANUARY 2021 / 17TH POUSHA, 1942
OP(C).No.1693 OF 2020
AGAINST THE ORDER DATED 20.10.2020 IN IA 6/2020 IN OS 257/2012
OF MUNSIFF'S COURT, CHANGANASSERY
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PETITIONER/DEFENDANT:
ELIZABETH KURIAN
AGED 56 YEARS
W/O JOSEPH ALEX, KUTHUKALLUNGAL HOUSE,
VAZHAPPALLY EAST VILLAGE, CHANGANASSERY.
BY ADVS.
SRI.C.S.MANILAL
SRI.S.NIDHEESH
RESPONDENT/PLAINTIFF:
ROY KURIAN
S/O KURIAN, KUTHUKALLUNGAL HOUSE,
VAZHAPPALLY EAST VILLAGE, CHANGANASSERY-686 000
R1 BY ADV. SRI.SURIN GEORGE IPE
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 07.01.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SATHISH NINAN, J.
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O. P. (C) No.1693 of 2020
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Dated this the 7th day of January, 2021
JUDGMENT
The dismissal of an application seeking to remit the Commissioner's Report and Plan, is under challenge in this original petition by the defendant in the suit.
2. Heard Sri.C.S.Manilal learned counsel for the petitioner-defendant and Sri.Surin George Ipe, learned counsel appearing for the respondent- plaintiff.
3. Suit is one for fixation of boundary and other reliefs. The petitioner-defendant is aggrieved by the Commissioner's Report and Plan. He seeks for remission of the report and plan after taking evidence.
4. The present report was submitted by the Commissioner pursuant to an earlier order of remission dated 25.08.2020, on IA 3/2020. The said order remitting the report contained specific directions to the Commissioner and Surveyor. It is O. P. (C) No.1693 of 2020 :- 2 :-
purportedly in compliance with the said directions that the present report has been submitted by the Commissioner. The suit is of the year 2012. The learned Munsiff has in the order impugned expressed that notwithstanding the said order it will be open for the petitioner-defendant to prove at the time of trial that the report and plan are not acceptable. In view thereof, the petitioner could not have any grievance.
Accordingly, I dispose of this original petition making it clear that, it shall be open for the petitioner to raise his objections and adduce evidence as regards the Commissioner's Report and Plan in question and the trial court shall consider the same on its merits notwithstanding the observations and findings in Ext.P11 order dated 20.10.2020 on IA 6/2020. The learned Munsiff shall expedite the trial of the suit. No further directions are called for.
Sd/-
SATHISH NINAN
JUDGE
kns/- //True Copy//
P.S. to Judge
OP(C).No.1693 OF 2020
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 COPY OF THE PLAINT OS NO 257/2012 FILED
BEFORE THE MUNSIFF COURT CHANGANACHERRY EXHIBIT P2 TRUE COPY OF THE WRITTEN STATEMENT IN OS 257/2012 FILED BY THE DEFENDANT EXHIBIT P3 TRUE COPY OF THE ADDITIONAL WRITTEN STATEMENT IN OS NO 257/2012 EXHIBIT P4 TRUE COPY OF THE PLAN ATTACHED TO THE COMMISSION REPORT EXHIBIT P5 TRUE COPY OF THE COMMISSION REPORT IN IA 2/2020 IN OS NO 257/2012 EXHIBIT P6 TRUE COPY OF THE PLAN IN OLD BY NO 233/1,4 EXHIBIT P7 TRUE COPY OF THE OBJECTION/PETITION IN OS 257/2012 DATED 23.7.2020 EXHIBIT P8 TRUE COPY OF THE PETITION IN OS 257/2012 DATED 25.1.2020 EXHIBIT P9 TRUE COPY OF THE COMMISSION REPORT AND PLANS IN IA 3/2020 IN OS 257/2012 EXHIBIT P10 TRUE COPY OF THE PETITION TO EXAMINE THE COMMISSIONER AND THE SURVEYOR FOR GETTING SPECIFICITY TO THE COMMISSION REPORT AND PLAN EXHIBIT P11 TRUE COPY OF THE ORDER DATED 20.10.2020 IN IA 6/2020 IN OS 257/2012 ON THE FILE OF MUNISIFF COURT, CHANGANASSERY RESPONDENT'S/S EXHIBITS:
EXHIBIT R1A TRUE COPY OF THE ORDER DATED 25.8.2020 IN IA 3/2020 IN OS 257/2012 ON THE FILES OF THE MUNSIFF COURT CHANGANACHERRY EXHIBIT R1B TRUE COPY OF THE OBJECTION FILED BY THE RESPONDENT / PLAINTIFF TO IA 6/2020 (EXT.P10) DATED NIL
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