Ajith vs Meeran
2022 Latest Caselaw 1124 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
           THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
 THURSDAY, THE 27TH DAY OF JANUARY 2022 / 7TH MAGHA, 1943
                        OP(C) NO. 157 OF 2022
   AGAINST THE ORDER IN OS 371/2020 OF MUNSIFF COURT,
                                MUVATTUPUZHA
PETITIONERS/DEFENDANTS:

    1          AJITH,
               AGED 50 YEARS, S/O.IBRAHIM,
               PUZHAKKARAYIL HOUSE, URAVAKKUZHY, MUVATTUPUZHA,
               ERNAKULAM DISTRICT, PIN - 686 661.

    2          SHEHARA,
               AGED 45 YEARS, W/O AJITH, PUZHAKKARAYIL HOUSE,
               URAVAKKUZHY, ERNAKULAM DISTRICT,
               MUVATTUPUZHA, PIN - 686 661.

               BY ADVS.
               SRI.C.DILIP
               SMT.ANUSHKA VIJAYAKUMAR

RESPONDENTS:

    1          MEERAN,
               AGED 65 YEARS,
               S/O.MUHAMMED, PUTHENPURAYIL(ORAVAKUZHY) HOUSE,
               KAVUMKARA KARA, VELLOORKUNNAM VILLAGE ,
               MUVATTUPUZHA TALUK, ERNAKULAM, PIN - 686 661.

    2          SIMIL,
               AGED 40 YEARS,
               S/O.MUHAMMADALI,
               RESIDING AT NEDUVELIL HOUSE ,
               KAVUMKARA KARA, VELLOORKUNNAM VILLAGE,
               MUVATTUPUZHA TALUK ,
               ERNAKULAM DISTRICT, PIN - 686 661.

        THIS    OP   (CIVIL)    HAVING   COME   UP    FOR    ADMISSION   ON
27.01.2022,       THE   COURT    ON   THE   SAME     DAY    DELIVERED    THE
FOLLOWING:
 OP(C) No.157 of 2022
                                   2




                            JUDGMENT

The original petitioners, who are

defendants in O.S.No.371/2020 on the file of

the Munsiff Court, Muvattupuzha, have filed

this Original Petition under the Article 227

of the Constitution of India, being aggrieved

by Ext.P7 order (Order in I.A.No.05/2021 dated

02.02.2021).

2. In this case, after filing one

commissioner by Adv.Cibison Jose, an

application was filed by the defendants to

appoint another commissioner. The court below

appointed the same commissioner to note out

the matters sought for by the petitioners

herein. In this context, the petitioners filed

I.A. No.5/2021 to appoint any other advocate

other than Adv.Cibison Jose on the ground that

in the earlier report Adv.Cibison Jose

reported wrong facts before the court. OP(C) No.157 of 2022

3. Heard the learned counsel for the

petitioners. The learned counsel pressed for

relief on the submission that if Adv.Cibison

Jose prepare the second report the same also

may be incorrect.

4. Going by the impugned order, it

appears that Adv.Cibison Jose was appointed as

commissioner at the instance of the plaintiffs

in the above suit and he had filed a report

and mahazar. So the course of action available

to the defendants, if they were aggrieved by

the finding of the commissioner is to file

objection and challenge the commission report

by examining the commissioner. Instead of

doing so, another application was filed by the

defendants to appoint another commissioner and

the court below appointed the same

commissioner. No doubt, appointment of

different persons as commissioners would

result in getting contrary reports and such a OP(C) No.157 of 2022

course of action cannot be permitted in a

routine manner.

In view of the matter, the order impugned

is found to be in order. Therefore, there is

no reason to interfere with, on finding

perversity or arbitrariness.

In the result, this original petition

fails and is accordingly dismissed.

Sd/-

A.BADHARUDEEN, JUDGE.

ww OP(C) No.157 of 2022

APPENDIX OF OP(C) 157/2022

PETITIONERS' EXHIBITS:

EXHIBIT P1 TRUE COPY OF PLAINT DATED 20.11.2020 IN OS NO.371/2020 OF MUNSIFF'S COURT MUVATTUPUZHA.

EXHIBIT P2 TRUE PHOTOCOPY OF WRITTEN STATEMENT DATED 17.06.2021 IN OS NO 371/2020 ON THE FILE OF MUNSIFF'S COURT, MUVATTUPUZHA.

EXHIBIT P3 PHOTOGRAPH OF RESIDENTIAL BUILDING OF THE PETITIONERS.

EXHIBIT P4 TRUE PHOTO COPY OF REPORT AND PLAN DATED 17.12.2020 SUBMITTED BY THE ADVOCATE COMMISSIONER IN OS NO. 371/2020 ON THE FILE OF MUNSIFF'S COURT, MUVATTUPUZHA.

EXHIBIT P5 TRUE PHOTOCOPY OF WRITTEN OBJECTION DATED 02.02.2021 FILED BY THE PETITIONERS AGAINST EXHIBIT P4 REPORT AND PLAN.

EXHIBIT P6 TRUE PHOTO COPY OF I.A NO.5/2021 IN O.S NO.371/2020 DATED 02.02.2021.

EXHIBIT P7 TRUE PHOTO COPY OF ORDER DATED 02.02.2021 IN I.A NO.05/2021 IN O.S NO.371/2020 ON THE FILE OF MUNSIFF'S COURT, MUVATTUPUZHA.

EXHIBIT P8 TRUE PHOTO COPY OF I.A NO.06/2021 IN O.S NO.371/2020 ON THE FILE OF MUNSIFF'S COURT, MUVATTUPUZHA.

EXHIBIT P9 TRUE PHOTOCOPY OF ORDER DATED 21.12.2021 IN I.A NO.06/2021 IN O.S NO.371/2020 ON THE FILE OF MUNSIFF'S COURT, MUVATTUPUZHA