Prema vs Kamalam
2021 Latest Caselaw 927 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

             THE HONOURABLE MR. JUSTICE SATHISH NINAN

     MONDAY, THE 11TH DAY OF JANUARY 2021 / 21TH POUSHA, 1942

                      OP(C).No.1162 OF 2020

  IN RESPECT OF THE ORDER IN I.A.NO.1008/2020 IN OS 130/2015 OF
                    MUNSIFF'S COURT, ALATHUR

                              ......


PETITIONERS/DEFENDANTS:

      1      PREMA
             AGED 59 YEARS
             W/O LATE SELVAN,RESIDING AT KAMMANTHARA,
             VADAKKENCHERY AMSOM DESOM,VADAKKENCHERY.P.O,
             ALATHUR TALUK, PALAKKAD-678683.

      2      SWAPNA,
             AGED 38 YEARS
             D/O.LATE SELVAN,RESIDING AT KAMMANTHARA,
             VADAKENCHERY AMSOM DESOM,
             VADAKKENCHERY.P.O,ALATHUR TALUK,
             PALAKKAD-678683.

      3      SHEENA,
             AGED 37 YEARS
             D/O.LATE SELVAN,RESIDING AT KAMMANTHARA,
             VADAKENCHERY AMSOM DESOM,
             VADAKKENCHERY.P.O,ALATHUR TALUK,
             PALAKKAD-678683.

      4      BEENA,
             AGED 36 YEARS
             D/O LATE SELVAN,RESIDING AT KAMMANTHARA,
             VADAKENCHERY AMSOM DESOM,
             VADAKKENCHERY.P.O,ALATHUR TALUK,
             PALAKKAD-678683.

      5      SHIJU,
             AGED 34 YEARS
             S/O.LATE SELVAN,RESIDING AT KAMMANTHARA,
             VADAKENCHERY AMSOM DESOM,
             VADAKKENCHERY.P.O,ALATHUR TALUK,
             PALAKKAD-678683.

             BY ADV. SRI.BABY MATHEW
 OP(C).No.1162 OF 2020

RESPONDENTS/PLAINTIFFS:

      1      KAMALAM
             AGED 80 YEARS
             W/O LATE BHASKARAN,RESIDING AT NEAR IMMANUEL
             WORSHIP CENTRE,VALLIYODE,ANJUMOORTHY MANGALAM.P.O,
             VADAKKENCHERY,ALATHUR TALUK, PALAKKAD-678682.

      2      PUZHPA,
             AGED 59 YEARS
             D/O KAMALAM,RESIDING AT NEAR IMMANUEL WORSHIP
             CENTRE,VALLIYODE,ANJUMOORTHY MANGALAM.P.O,
             VADAKKENCHERY, ALATHUR TALUK,PALAKKAD-678682.

      3      SUMATHI,
             AGED 57 YEARS
             D/O KAMALAM,RESIDING AT NEAR IMMANUEL WORSHIP
             CENTRE,VALLIYODE,ANJUMOORTHY MANGALAM.P.O,
             VADAKKENCHERY, ALATHUR TALUK,PALAKKAD-678682.

      4      THANKAM,
             AGED 78 YEARS
             D/O LATE APPUKUTTY,RESIDING AT KAMMANTHARA,
             VADAKKENCHERY AMSOM DESOM,VADAKKENCHERY.P.O,
             ALATHUR TALUK,PALAKKAD-678683.


     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 11.01.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                 SATHISH NINAN, J.
       ==================
             O.P. (C) No.1162 of 2020
       ==================
      Dated this the 11th day of January, 2021

                           JUDGMENT

The defendants in a suit for partition sought

for the issuance of a commission to report on the following matters:-

"A. To identify the R.C. house, which is extant in the six cents of land, covered by the plaint "A" and "B" schedule properties.

B. To note and report that the RC house is occupied over the entire six cents of land.

C. To assess the value of the RC house above said, with the assistance of a civil engineer and report the same.

D. To submit rough plan marking therein the positions of RC house and the portion of the old tiled house.

E. To note and report other things points out to the commissioner during inspection."

2. The said application was dismissed by the

trial court, against which this original petition

is filed.

O.P. (C) No.1162 of 2020 :- 2 :-

3. The existence of the RC house is not in

dispute. As to who constructed the house, cannot be

reported by the commissioner. The value and

location of the same are all matters to be

considered in the final decree proceedings. The

suit is of the year 2015. The trial of the suit

commenced and the plaintiff's evidence is over. The

trial court was right in dismissing the

application.

The original petition fails and is accordingly

dismissed.

SATHISH NINAN JUDGE

kns/-

OP(C).No.1162 OF 2020

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE PLAINT IN O.S.NO.130/2015 ON THE FILES OF THE MUNSIFF'S COURT,ALATHUR DATED 10/03/2015

EXHIBIT P2 TRUE COPY OF THE WRITTEN STATEMENT IN OS NO.130/2015 DATED 9/5/2015 ON THE FILES OF THE MUNSIFF'S COURT,ALATHUR

EXHIBIT P3 TRUE COPY OF THE RESTORATION PETITION DATED 22/06/2016 IN IA 1286/2016

EXHIBIT P4 TRUE COPY OF THE COMMISSION APPLICATION DATED 11/07/2020 IN I.A.1008/2020

EXHIBIT P5 TRUE COPY OF THE OBJECTION DATED 17/07/2020 OF THE RESPONDENTS IN IA NO.1008/2020

EXHIBIT P6 TRUE COPY OF THE ORDER DATED 21/07/2020 IN I.A.1008/2020.

........