T.K.Sajeed vs K.P.Muhammed Iqbal
2021 Latest Caselaw 19300 Ker

       IN THE HIGH COURT OF KERALA AT ERNAKULAM
                         PRESENT
         THE HONOURABLE MR.JUSTICE V.G.ARUN
TUESDAY, THE 14TH DAY OF SEPTEMBER 2021 / 23RD BHADRA,
                           1943
                 OP(C) NO. 1160 OF 2021
  AGAINST THE JUDGMENT IN OS 27/2021 OF ADDITIONAL
                MUNSIFF COURT ,KOTTAYAM
PETITIONER:

         T.K.SAJEED
         AGED 45 YEARS
         S/O. AABOOTTY, THAYALAKKANDI PUTHIYA PURAYIL,
         CHIRAKKARA P.O., THIRUVANGAD AMSOM, THALASSERI
         TALUK, KANNUR DISTRICT-670 104

         BY ADVS.
         K.SHAJ
         C.IJLAL
         RESHMA.P.
         ARUN CHAND
         VINAYAK G MENON
         BHARAT VIJAY P.
         MAJID MUHAMMED K.



RESPONDENT/S:

   1     K.P.MUHAMMED IQBAL
         S/O. LATE A.P.ABOOTTY HAJI, RESIDING AT SHAHIDA
         MAHAL, KADIRUR, THALASSERY TALUK, KADIRUR P.O.,
         KANNUR DISTRICT-670 642

   2     T.K.NASSAR,
         AGED 57 YEARS
         S/O. LATE AABOOTTY, RESIDING AT THAYALAKKANDI
         PUTHIYA PURAYIL, CHIRAKKARA P.O., THIRUVANGAD
         AMSOM, THALASSERI TALUK, KANNUR DISTRICT-670 104

   3     T.K.FOUSIA
         AGED 48 YEARS
         S/O. LATE AABOOTTY, RESIDING AT THAYALAKKANDI
         PUTHIYA PURAYIL, CHIRAKKARA P.O., THIRUVANGAD
         AMSOM, THALASSERI TALUK, KANNUR DISTRICT-670 104
 OP(C) No.1160/2021                  2

           BY ADV G.SREEKUMAR (CHELUR)



      THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
14.09.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 OP(C) No.1160/2021                         3

                          V.G.ARUN, J.
          ===========================
                   OP(C) No.1160 of 2021
          ===========================
           Dated this the 14th day of September, 2021

                            JUDGMENT

The challenge in this OP is against Ext.P6 order, by

which the trial court had ordered to open up the disputed

pathway, in the wake of certain events that had taken place

during the local inspection of the Advocate Commissioner.

2. Learned counsel appearing for the petitioner submits

that the petitioner will be satisfied, if the trial court is directed

to consider the objections to the Advocate Commissioner's

Report and to pass appropriate orders thereon. It is also

submitted that till date, the court below has not decided the

application for interim injunction filed as Ext.P2 and is

continuing Ext.P6 order causing substantial prejudice to the

petitioner.

3. Learned counsel for the respondent submits that the

petitioner should work out his remedies before the trial court

and the respondent is not standing in the way of the

petitioner's objection to the Commissioner's Report being

considered.

4. In the result, the O.P is disposed of directing the

Additional Munsiff, Kottayam to take up Ext.P2 for

consideration and to pass orders thereon, as expeditiously as

possible. Learned Munsiff shall also consider Ext.P4 objection

to the Commissioner's Report and pass orders thereon, as

expeditiously as possible. Learned counsel for the petitioner

submits that the court below may be directed to pass orders on

Ext.P4 first and the injunction application (Ext.P2) thereafter.

They are requests which the petitioner should make before the

trial court.

The O.P is disposed of accordingly.

Sd/-

V.G.ARUN JUDGE lgk

APPENDIX OF OP(C) 1160/2021

PETITIONER's EXHIBITS Exhibit P1 TRUE COPY OF PLAINT IN OS NO.27/2021 OF THE ADDITIONAL MUNSIFF COURT, KOTTAYAM Exhibit P2 TRUE COPY OF IA NO.1/2021 IN OS NO.27/2021 ON THE FILES OF THE ADDITIONAL MUNSIFF COURT, KOTTAYAM Exhibit P3 TRUE COPY OF COUNTER AFFIDAVIT FILED BY THE PETITIONER IN OS NO.27/2021 OF THE ADDITIONAL MUNSIFFS COURT, KOTTAYAM Exhibit P4 TRUE COPY OF OBJECTION OF THE PETITIONER TO THE COMMISSION REPORT AND A COUNTER COMMISSION APPLICATION FILED BY THE PETITIONER IN OS NO.27/2021 BEFORE THE ADDITIONAL MUNSIFFS COURT, KOTTAYAM Exhibit P5 TRUE COPY OF IA NO.4/2021 FILED BY THE1ST RESPONDENT IN OS NO.27/2021 BEFORE THE ADDITIONAL MUNSIFF'S COURT, KOTTAYAM Exhibit P6 TRUE COPY OF ORDER DATED 08.04.2021 IN IA NO.4/2021 IN OS NO.,27/2021 OF THE ADDITIONAL MUNSIFFS COURT, KOTTAYAM