Kerala High Court
M. Ashokan vs K.V. Ambadi on 22 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
FRIDAY, THE 22ND DAY OF JANUARY 2021 / 2ND MAGHA, 1942
OP(C).No.1601 OF 2020
AGAINST THE ORDER DATED 15.02.2020 IN IA 1/2020 IN OS 53/2013 OF
MUNSIFF'S COURT, HOSDURG
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PETITIONER/PLAINTIFF:
M. ASHOKAN,
AGED 61 YEARS
S/O AMBU MANIYANI, RESIDING AT ALAKKODAN HOUSE,
ARAYEE, KARTHIKA, P O UPPILLIKAI,
KANHANGAD VILLAGE OF HOSDURG TALUK.
BY ADV. SRI.A.ARUNKUMAR
RESPONDENT/DEFENDANT:
K.V. AMBADI,
AGED 72 YEARS
S/O KUMARAN, HINDU, RESIDING AT MUTHIRAKKAL ARAYI,
KARTHIKA, KANHANGAD SOUTH, PUTHUKAI VILLAGE OF
HOSDURG TALUK-671315.
R1 BY ADV. SHRI.V.N.RAMESAN NAMBISAN
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 22.01.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SATHISH NINAN, J.
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O. P. (C) No.1601 of 2020
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Dated this the 22nd day of January, 2021
JUDGMENT
Plaintiff in the suit is aggrieved by the
refusal of the trial court to remit back the
Commissioner's Report.
2. Various grounds are urged by the petitioner
to contend that the plan as is prepared by the
commissioner, is not correct. On the application
filed for remission, evidence was not taken. The
suit is of the year 2013. It would be sufficient if
adequate opportunity is given to the petitioner-
plaintiff to adduce evidence to satisfy the court
that the Commissioner's Report and Plan as is
available needs to be remitted. I do notice that
the trial court has also made an observation in the
impugned order to the said effect.
3. Be that as it may, I dispose of this
original petition clarifying that, notwithstanding
the order impugned it shall be open for the trial
court to consider the acceptability of the
O. P. (C) No.1601 of 2020
Commissioner's Report and Plan as is available in
the suit. It shall be open for the court to remit
the report to obtain any further clarification or
fresh plan and report, if during trial it is found
to be just and necessary for the proper disposal of
the suit.
Sd/-
SATHISH NINAN
JUDGE
kns/-
//True Copy//
P.S. to Judge
OP(C).No.1601 OF 2020
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE PLAINT IN OS NO.53 OF
2013.
EXHIBIT P2 A TRUE COPY OF REPORT OF THE WRITTEN
STATEMENT FILED BY THE RESPONDENT HEREIN IN
OS NO.53 OF 2013.
EXHIBIT P3 A TRUE COPY OF THE APPLICATION NUMBERED AS I
A NO.333 OF 2013.
EXHIBIT P4 A TRUE COPY OF COMMISSION REPORT AND EYE
SKETCH DATED 14/02/2013
EXHIBIT P5 A TRUE COPY OF COMMISSIONER'S REPORT AND
PLAN DATED 06.08.2016.
EXHIBIT P6 OBJECTION FILED BY THE RESPONDENT TO EXT P5
REPORT.
EXHIBIT P7 A TRUE COPY OF THE APPLICATION NUMBERED AS I
A NO 2200 OF 2016 DATED 20.08.2016 FILED BY
THE PETITIONER TO REMIT BACK THE
COMMISSIONER'S REPORT AND PLAN DATED
06.08.2016.
EXHIBIT P8 A TRUE COPY OF THE COMMISSIONER'S REPORT AND
PLAN DATED 15/09/2017.
EXHIBIT P9 A TRUE COPY OF APPLICATION NUMBERED AS I A
NO.2262 OF 2017 DATED 15.11.2017 FILED BY
THE RESPONDENT TO REMIT BACK THE
COMMISSIONER'S REPORT AND PLAN DATED
15/09/2017.
EXHIBIT P10 A TRUE COPY OF THE APPLICATION NUMBERED AS I
A NO. 2606 OF 2016 DATED 15.12.2017 FILED BY
THE PETITIONER TO SET ASIDE THE
COMMISSIONER'S REPORT AND PLAN DATED
15/09/2017 AND TO APPOINT ANOTHER
COMMISSIONER
EXHIBIT P11 A TRUE COPY OF WORK MEMO FILED BY THE
PETITIONER DATED 26.02.2019.
EXHIBIT P12 A TRUE COPY OF THE COMMISSIONER'S REPORT AND
PLAN DATED 19/07/2019.
O. P. (C) No.1601/2020-APPENDIX
EXHIBIT P13 A TRUE COPY OF THE APPLICATION NUMBERED AS I
A NO 1 OF 2020 DATED 06.02.2020 FILED BY THE
PETITIONER TO REMIT BACK THE COMMISSIONER'S
REPORT AND PLAN DATED 19.07.2019.
EXHIBIT P14 A TRUE COPY OF THE COUNTER DATED 12.02.2020
FILED BY THE RESPONDENT TO EXT P 13
APPLICATION.
EXHIBIT P15 A TRUE COPY OF THE ORDER DATED 15.02.2020 IN
IA NO 1 OF 2020 IN OS NO 53 OF 2013 OF
MUNSIFF COURT HOSDURG.
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