Vellattuchola Jabir vs Vellattuchola Jabir
2021 Latest Caselaw 2292 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

            THE HONOURABLE MR. JUSTICE SATHISH NINAN

  WEDNESDAY, THE 20TH DAY OF JANUARY 2021 / 30TH POUSHA, 1942

                         OP(C).No.196 OF 2021

   E.P.NO.99/2019 IN OS.NO. 74/1998 OF MUNSIFF COURT, MANJERI

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PETITIONER/RESPONDENT:

             VELLATTUCHOLA JABIR
             AGED 45 YEARS
             S/O. ABDURAHIMAN, PARAMBATHODI HOUSE, AREEKKODE
             AMSOM, UGRAPURAM DESOM, ERNAD TALUK, MALAPPURAM
             DISTRICT, REPRESENTED BY POWER OF ATTORNEY HOLDER
             FATHIMAKKUTTY B., PARAMBATHODI HOUSE, ALUKKAL,
             UGRAPURAM P.O., AREEKODE, ERNAD TALUK, MALAPPURAM
             DISTRICT.

             BY ADVS.
             SHRI.P.VENUGOPAL
             SMT.T.J.MARIA GORETTI
             SMT.O.V.BINDU

RESPONDENTS/PETITIONERS:

      1      VELLARI MOOSSA
             AGED 73 YEARS
             S/O. ABDURAHIMAN HAJI, PARAMBATHODI HOUSE,
             AREEKKODE AMSOM, UGRAPURAM DESOM, ERNAD TALUK,
             MALAPPURAM DISTRICT, PIN-673 639.

      2      VELLARI ABDULLA
             AGED 68 YEARS
             S/O. ABDURAHIMAN HAJI, PARAMBATHODI HOUSE,
             AREEKKODE AMSOM, UGRAPURAM DESOM, ERNAD TALUK,
             MALAPPURAM DISTRICT, PIN-673 639.


     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 20.01.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                    SATHISH NINAN, J.
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                O. P. (C) No.196 of 2021
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         Dated this the 20th day of January, 2021

                            JUDGMENT

Order appointing Taluk surveyor to assist the

Amin to execute a decree for recovery of possession

is under challenge by the judgment debtor.

2. As per the decree, plot "PQRS" in Ext.C1

plan is to be delivered over to the decree holder.

The Amin who went to effect delivery sought the

assistance of a surveyor. As per the impugned

order, the prayer was granted, and the Taluk

Surveyor was appointed to assist the Amin to effect

delivery. This is only to facilitate delivery of

the property in terms of the decree. The order

impugned suffers from no infirmity or error of

jurisdiction.

O. P. (C) No.196 of 2021

Original petition fails and is accordingly

dismissed.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy//

P.S. to Judge OP(C).No.196 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE EXECUTION PETITION, E.P.NO.99/2019 IN O.S.NO.74/1998 DATED 16.1.2019 FILED BY THE RESPONDENTS BEFORE THE MUNSIFF COURT, MANJERI.

EXHIBIT P2 TRUE COPY OF THE SKETCH SUBMITTED BY THE ADVOCATE COMMISSIONER DATED 16.11.1999 IN O.S.NO.74/1998 BEFORE THE MUNSIFF COURT, MANJERI.

EXHIBIT P3 TRUE COPY OF THE COUNTER SUBMITTED BY THE PETITIONER IN E.P.NO.99/2019 IN O.S.NO.74/1998 DATED 13.3.2020 BEFORE THE MUNSIFF COURT, MANJERI.

EXHIBIT P4 TRUE COPY OF THE ORDER IN E.P.NO.99/2019 IN O.S.NO.74/1998 DATED 22.12.2020 OF THE MUNSIFF COURT, MANJERI.

EXHIBIT P5 TRUE COPY OF THE AFFIDAVIT IN E.A.NO.1/2021 IN E.P.NO.99/2019 IN O.S.NO.74/1998 DATED 6.1.2021 FILED BY THE RESPONDENTS BEFORE THE MUNSIFF COURT, MANJERI.

EXHIBIT P6 TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER IN E.A.NO.1/2021 IN E.P.NO.99/2019 IN O.S.NO.74/1998 DATED 12.1.2021 BEFORE THE MUNSIFF COURT, MANJERI.

EXHIBIT P7 TRUE COPY OF THE ORDER IN E.A.NO.1/2021 IN E.P.NO.99/2019 IN O.S.NO.74/1998 DATED 14.1.2021 OF THE MUNSIFF COURT, MANJERI.

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