V.K.Radha Devi vs Unknown
2021 Latest Caselaw 3253 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

             THE HONOURABLE MR. JUSTICE SATHISH NINAN

      FRIDAY, THE 29TH DAY OF JANUARY 2021 / 9TH MAGHA, 1942

                       OP(C).No.270 OF 2021

I.A.NO.7678/2018 IN OS 1701/2012 DATED 11/1/2021 OF III ADDITIONAL
                 MUNSIFF COURT ,THIRUVANANTHAPURAM

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PETITIONER/1ST COUNTER PETITIONER/1ST DEFENDANT:


             V.K.RADHA DEVI
             AGED 51 YEARS
             D/O. VIJAYAKUMARI, KESAVAVILAS, SREEVILAS LANE,
             KOWADIAR, THIRUVANANTHAPURAM.

             BY ADVS.
             SRI.R.SUNIL KUMAR
             SMT.A.SALINI LAL


RESPONDENTS/PETITIONER & COUNTER PETITIONER 2 &
3/PLAINTIFFS/DEFENDANTS 2 AND 3:


      1      L.LATHA
             AGED 54 YEARS
             D/O. MRITHYUNJAYAN, T.C4/615, SREEVILAS LANE,
             KOWADIAR, THIRUVANANTHAURAM, PRESENTLY RESIDING AT
             T.C. 4/2770, KRAE, RAJAMMA NILAYAM, KURAVANKONAM,
             KOWADIAR, THIRUVANANTHAPURAM-695 003.

      2      B.ASOK KUMAR
             AGED 61 YEARS
             S/O. K.BHASKARAN, T.C 4/615 SREEVILAS LANE, KOWADIAR,
             THIRUVANANTHAPURAM AND PRESENTLY WORKING AT BOX
             NUMBER 5427, BADAZAYED, ABU DHABI, U.A.E REPRESENTED
             BY HIS WIFE AND ATTORNEY HOLDER L.LATHA D/O. RESIDING
             AT T.C4/2270, KRAE, RAJAMMA NILAYAM, KURAVANKONAM,
             KOWADIAR, THIRUVANANTHAPURAM-695 003.

      3      VIJAYAKUMARI
             D/O. KESAVA PILLAI, KESAVAVILAS, SREEVILAS LANE,
             KOWADIAR, THIRUVANANTHAPURAM, 685 003.
 OP(C).No.270 OF 2021               -   2   -



        4        RADHAKRISHNAN NAIR
                 KESAVAVILAS, SREEVILAS LANE, KOWADIAR,
                 THIRUVANANTHAPURAM-695 003.


     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 29.01.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                      SATHISH NINAN, J.
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                  O. P. (C) No.270 of 2021
            ==================
           Dated this the 29th day of January, 2021

                         JUDGMENT

The first defendant in the suit challenges an

order appointing a commission to prepare a plan

with the assistance of a surveyor.

2. The suit is one for declaration of title and

possession. From the boundary description given in

the schedule to the plaint, it is evident that the

first defendant has property adjacent to the plaint

schedule properties. The suit being one on title,

the trial court was right in having allowed the

commission application. The apprehension expressed

by the learned counsel for the petitioner-first

defendant that the issuance of a commission will

adversely affect his contentions regarding the very O. P. (C) No.270 of 2021

maintainability of the suit in view of the earlier

litigation between the parties, is mis-founded. The

order impugned suffers from no infirmity.

Original Petition fails and is accordingly

dismissed.

Sd/-

SATHISH NINAN JUDGE

kns/-

//True Copy//

P.S. to Judge

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE PLAINT IN OS NO.1701/2012 OF ADDITIONAL MUNSIFF COURT-III THIRUVANANTHAPURAM.

EXHIBIT P2 TRUE COPY OF THE WRITTEN STATEMENT IN OS NO.1701/2012 OF ADDITIONAL MUNSIFF COURT- III THIRUVANANTHAPURAM.

EXHIBIT P3 TRUE COPY OF IA 7678/2018 IN OS NO.1701/2012 OF ADDITIONAL MUNSIFF COURT- III, THIRUVANANTHAPURAM.

EXHIBIT P4 TRUE COPY OF THE OBJECTION OF IA 7678/2018 IN OS NO.1701/2012 OF ADDITIONAL MUNSIFF COURT-II THIRUVANANTHAPURAM.

EXHIBIT P5 TRUE COPY OF THE ORDER IN IA 7678/2018 IN OS NUMBER 1701/2012 OF ADDITIONAL MUNSIFF COURT-III, THIRUVANANTHAPURAM DATED 11.1.2021.

EXHIBIT P6 TRUE COPY OF THE PLAINT IN OS 996/87 OF PRINCIPAL MUNSIFF COURT, THIRUVANANTHAPURAM.

EXHIBIT P7 TRUE COPY OF JUDGMENT IN OS 517/87 AND OS 996/87 OF PRINCIPAL MUNSIFF COURT THIRUVANANTHAPURAM DATED 30.10.1991.

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