IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
THURSDAY, THE 07TH DAY OF JANUARY 2021 / 17TH POUSHA, 1942
OP(C).No.1450 OF 2020
AGAINST THE ORDER IN OS 424/2010 OF MUNSIFF COURT, PUNALUR
PETITIONER:
VIJAYALEKSHMI, AGED 50 YEARS
W/O. LATE THULASEEDHARAN, THADUVILAPUTHENVEEDU,
AERAM, ANCHAL, PIN 691 306
BY ADVS.
SMT.SREEDEVI KYLASANATH
SRI.ACHUTH KYLAS
SRI.DEAGO JOHN K
SHRI.AMAL DEV C.V.
RESPONDENT:
RAMACHANDRAN NAIR
SREENILAYAM, AERAM, ANCHAL, PIN 691 306
BY ADV. SRI.M.R.JAYAPRASAD
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 07.01.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C).No.1450 OF 2020
2
Sathish Ninan, J.
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O.P.(C) No.1450 of 2020
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Dated this the 07th day of January, 2021
JUDGMENT
The request of the petitioner - defendant to remit the Commissioner's report and plan was rejected by the trial court, challenging which this original petition is filed.
2. The relief in this suit as well as counter claim raised by the defendant, is for fixation of boundary. Alleging that there are various errors in the Commissioner's report and plan presently submitted by the Commissioner, the petitioner - defendant sought for remission of the same. The trial court, as per the order impugned, has dismissed the application.
Noticeably, evidence was not taken on the application. The suit is of the year 2010, it would be sufficient if the petitioner - defendant is given OP(C).No.1450 OF 2020 3 opportunity to adduce evidence in support of his contentions as against the Commission report and plan at the time of trial and the same is considered by the court. If during the trial, the court finds that the report and plan needs to be remitted, then, it shall be open for the court to do so notwithstanding the order dated 28.05.2020 in I.A No.1 of 2020.
Sd/-
Sathish Ninan, Judge vdv OP(C).No.1450 OF 2020 4 APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE WILL NO. 2/96 DATED 30-12-1995 EXHIBIT P2 THE TRUE COPY OF THE AMENDED PLAINT IN O.S NO. 424/2010 DATED 04-12-2010 FILED BEFORE THE HON'BLE MUNSIFF COURT, PUNALUR EXHIBIT P3 THE TRUE COPY OF THE WRITTEN STATEMENT DATED 31-05-2012 IN O.S NO. 424/2010 SUBMITTED BEFORE THE HONOURABLE MUNSIFF COURT, PUNALUR EXHIBIT P4 THE TRUE COPY OF THE AMENDED COUNTER CLAIM DATED 03-07-2014 IN O.S NO. 424/2010 SUBMITTED BEFORE THE HONOURABLE MUNSIFF COURT, PUNALUR EXHIBIT P5 THE TRUE COPY OF THE COMMISSION REPORT SUBMITTED BY ADV. GEORGE MALIEKAL AND N. GOPINATHA PILLAI DATED 03-01-2017 EXHIBIT P5(a) TRUE COPY OF THE MAHAZAR DATED 02-08-
2016 ALONG WITH THE PLANS.
EXHIBIT P6 TRUE COPY OF THE ORDER OF THE HON'BLE COURT IN O.P(C) 356/2019 DATED 01-02- 2019 EXHIBIT P7 TRUE COPY OF THE I.A 1/2020 DATED 06-
01-2020 FILED BY THE PETITIONER. EXHIBIT P8 TRUE COPY OF THE ORDER OF THE MUNSIFF COURT, PUNALUR DATED 28-05-2020 IN I.A NO. 1/2020 IN O.S NO. 424/2020