Santhosh Kumar vs Nandhan Alias Nandhakumar
2021 Latest Caselaw 17409 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                    THE HONOURABLE MR.JUSTICE V.G.ARUN
         WEDNESDAY, THE 25TH DAY OF AUGUST 2021 / 3RD BHADRA, 1943
                          OP(C) NO. 1289 OF 2021
  AGAINST THE ORDER/JUDGMENT IN OS 964/2019 OF I ADDITIONAL MUNSIFF
                               COURT, ERNAKULAM
PETITIONER/S/PLAINTIFFS:


     1        SANTHOSH KUMAR
              AGED 51 YEARS, S/O. MADHAVANA NAIR, RESIDING AT
              PADMALAYAM HOUSE, CHITTOOR FERRY, SOUTH CHITTOOR PO,
              CHERANALLOOR VILLAGE, KANAYANNUR TALUK, ERNAKULAM
              DISTRICT, PIN-682 027.

     2        K. SUNITHA
              AGED 43 YEARS, W/O. SANTHOSH KUMAR, RESIDING AT
              PADMALAYAM HOUSE, CHITTOOR FERRY, SOUTH CHITTOOR PO,
              CHERANALLOOR VILLAGE, KANAYANNUR TALUK, ERNAKULAM
              DISTRICT, PIN-682 027.

              BY ADVS.
              K.C.ELDHO
              MALLENATHAN.M.


RESPONDENT/S/DEFENDANTS:

     1       NANDHAN ALIAS NANDHAKUMAR
             AGED 52 YEARS
             S/O. LATE GANGADHARAN, RESIDING AT THACHANATT HOUSE,
             SOUTH CHITTOOR PO, CHERANELLOOR VILLAGE, KANAYANNUR
             TALUK, ERNAKULAM DISTRICT, PIN-682 027.

     2       SUBRAMANYAN ALIAS SUDHAN
             AGED 60 YEARS
             S/O.K.RAMAN, RESIDING AT THACHANATT HOUSE, SOUTH CHITTOOR
             PO, CHERANELLOOR VILLAGE, KANAYANNUR TALUK, ERNAKULAM
             DISTRICT, PIN-682 027.

     3       SUDHA SUDHAN ALIAS SUDHA SUBRAMANIAN,
             AGED 58 YEARS, W/O. SUDHAN, RESIDING AT THACHANATT HOUSE,
             SOUTH CHITTOOR PO, CHERANELLOOR VILLAGE, KANAYANNUR
 OP(C) NO. 1289 OF 2021
                                    2

            TALUK, ERNAKULAM DISTRICT, PIN-682 027.

            ADV. SRI.JAYADEEP MENON


     THIS     OP   (CIVIL)    HAVING    COME   UP    FOR    ADMISSION   ON
25.08.2021,    THE    COURT    ON   THE   SAME      DAY    DELIVERED    THE
FOLLOWING:
 OP(C) NO. 1289 OF 2021
                              3



                          JUDGMENT

Petitioners are the plaintiffs in O.S.No.964 of 2019 on

the files of the Ist Additional Munsiff Court, Ernakulam. The

prayers in the suit are for fixation of the northern boundary

of the plaint schedule property and for a permanent

prohibitory injunction. The petitioners have filed I.A.No.5072

of 2019 in the suit, seeking appointment of an Advocate

Commissioner to measure, demarcate and fix the northern

boundary with the assistance of Surveyor. The petitioners

are aggrieved by the delay in disposing the interlocutory

application.

2. Heard Adv. Sri.K.C.Eldho, learned Counsel

appearing for the petitioners and Adv.Sri.Jayadeep Menon,

learned Counsel for the respondents.

3. Sri. Jayadeep Menon, learned Counsel appearing

for the respondents submitted that the respondents have OP(C) NO. 1289 OF 2021

filed a suit pertaining to the same issue and the application

for appointment of Advocate Commission in the suit has been

allowed by the Court. Sri.K.C.Eldho, learned Counsel

appearing for the petitioners submitted that the respondents

have filed the suit without making the petitioners party and

managed to get their commission application allowed without

the petitioners' volition. After filing of the Commissioner's

report the respondents filed an application for impleading

the petitioners. Learned Counsel took strong exception to

the manner in which the Commissioner's report was

obtained.

In the report called for by this Court, the learned

Munsiff has stated that, if the parties are ready to co-

operate, I.A.No.5072 of 2019 can be disposed on the next

posting date (25.09.2021), itself. Learned Counsel on both

sides assured that they are prepared to argue the

interlocutory application on the next posting date. This is OP(C) NO. 1289 OF 2021

recorded.

In view of the report and the assurance given by the

Counsel, the Original Petition is disposed of directing the

First Additional Munsiff, Ernakulam to take up I.A.No.5072

of 2019 for consideration on 25.09.2021 itself and to pass

orders thereon without delay.

SD/-

V.G.ARUN JUDGE RK OP(C) NO. 1289 OF 2021

APPENDIX OF OP(C) 1289/2021

PETITIONER'S EXHIBITS

Exhibit P1 A TRUE COPY OF PLAINT IN OS NO.964 OF 2019 BEFORE MUNSIFF'S COURT II, ERNAKULAM.

Exhibit P2 A TRUE COPY OF I.A.NO.5072 OF 2019 IN OS.NO.964/2019 BEFORE MUNSIFF'S COURT II, ERNAKULAM.

Exhibit P3 A TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE FIRST RESPONDENT IN EXHIBIT P2 PETITION FOR COMMISSION APPLICATION.

RESPONDENT'S EXHIBITS: NIL