Girija vs K.K.Namboothiri Alias Krishnan ...
2024 Latest Caselaw 10912 Ker

Kerala High Court

Girija vs K.K.Namboothiri Alias Krishnan ... on 12 April, 2024

Author: Kauser Edappagath

Bench: Kauser Edappagath

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
  FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
                    OP(C) NO. 1750 OF 2023
  AGAINST THE ORDER/JUDGMENT DATED IN OS NO.434 OF 2010 OF
                MUNSIFF COURT, VADAKKANCHERRY


PETITIONER/PETITIONER/RESPONDENT/PLAINTIFF:

         GIRIJA,
         AGED 70 YEARS, W/O.VLAVAL MADAM NARAYANARU
         (WRONGLY SHOWN AS MLAVIN MADAM NARAYANAR)
         THEKUMCHERY PUTHAROOR VILLAGE,
         KOTTARAKKARA TALUK, PUTHOOR P.O,
         KOLLAM DISTRICT, PIN-691 597,
         REPRESENTED THROUGH POWER OF ATTORNEY HOLDER,
         V.NARAYANARU, AGED 72 YEARS, S/O.VASUDEVARU,
         VLAVAL MADAM, THEKUMCHERY,
         PUTHOOR P.O, KOLLAM DISTRICT,, PIN - 691597

         BY ADVS.
         P.U.SHAILAJAN
         NIDHEESH T.P
         MIDHUN SUDARSANAN P.


RESPONDENTS/RESPONDENTS/PETITIONERS/DEFENDANTS:

    1    K.K.NAMBOOTHIRI ALIAS KRISHNAN NAMBOOTHIRI
         S/O.KIZHAKEKOONIYIL RAMAN NAMBOOTHIRI,
         PALAKKAD MUNICIPALITY, WARD NO.22,
         HOUSE NO.871, PALAKKAD TALUK,
         PALAKKAD DISTRICT,, PIN - 678001
    2    SREEDEVI,
         W/O.PANTHAVOOR MANA NARAYANAN NAMBOOTHIRI,
         VENGINISSERY VILLAGE, DESOM,
         THRISSUR TALUK, VENGINISSERY P.O,
         THRISSUR DISTRICT,, PIN - 680563
    3    DEVIKA
         W/O.NEELAMANA N.E.G. NAMBOOTHIRI,
         VENGINISSERY VILLAGE, DESOM,
         THRISSUR TALUK, VENGINISSERY P.O,
         THRISSUR DISTRICT,, PIN - 680563
 O.P.(C) No.1750/2023

                                        ..2..


     4        PARAMESWARAN NAMBOOTHIRI
              S/O.KIZHAKEKOONIYIL RAMAN NAMBOOTHIRI,
              PAZHAYANNUR VILLAGE, THEKKETHARA DESOM,
              TALAPPILLY TALUK, THRISSUR DISTRICT,
              PAZHAYANNUR P.O,, PIN - 680587
     5        JAYARAMAN
              S/O.KIZHAKEKOONIYIL RAMAN NAMBOOTHIRI,
              THIRUVILWAMALA VILLAGE, DESOM,
              TALAPPILLY TALUK, THIRUVILWAMALA P.O,
              THRISSUR DISTRICT,, PIN - 680588
     6        UNNIKRISHNAN
              S/O.KIZHAKEKOONIYIL RAMAN NAMBOOTHIRI,
              PAZHAYANNUR VILLAGE, THEKKETHARA DESOM,
              TALAPPILLY TALUK, THRISSUR DISTRICT,
              NOW RESIDING AT EJ/103A, SINDHU, LOKGREM CTS,
              LOKGREM, KALYANI EAST, MUMBA, PIN - 421306

              BY ADV JAYARAM P


       THIS    OP      (CIVIL)    HAVING        COME   UP    FOR    ADMISSION   ON
12.04.2024,      THE      COURT    ON    THE      SAME      DAY    DELIVERED    THE
FOLLOWING:
 O.P.(C) No.1750/2023

                                      ..3..


                             JUDGMENT

Heard the counsel for the petitioner as well as the learned counsel

appearing for respondents 1 to 3. Notice to 6th respondent is dispensed with.

2. As per the impugned order, the application filed by the petitioner

herein to set aside the report and survey plan was allowed and the petitioner

was directed to deposit Rs.4,000/- as Commission Batta and Rs.3,000/- as

Survey Batta. This original petition has been filed challenging the direction to

the petitioner to deposit Commission Batta and Survey Batta.

3. The learned counsel for the respondents 1 to 3 submits that

respondents 1 to 3 are prepared to bear the Commission Batta as well as

Survey Batta.

Hence, this original petition is disposed of modifying the impugned

order that the Commission Batta as well as the Survey Batta shall be

deposited by respondents 1 to 3. Since the final decree is of the year 2011, the

trial court shall make every endeavor to dispose of the final decree as

expeditiously as possible.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE APA

..4..

APPENDIX OF OP(C) 1750/2023

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE POWER OF ATTORNEY DEED EXECUTED BY GIRIJA IN FAVOUR OF NARAYANAR DATED 25.1.2011 EXHIBIT P2 TRUE COPY OF THE PLAINT IN O.S.NO.434 OF 2010 FILED BY THE PETITIONER BEFORE THE MUNSIFF'S COURT, WADAKKANCHERY DATED 13.9.2010 EXHIBIT P3 TRUE COPY OF THE JUDGMENT IN O.S.NO.434 OF 2010 OF THE MUNSIFF'S COURT, WADAKKANCHERY DATED 17.2.2011 EXHIBIT 4 TRUE COPY OF THE COMMISSION REPORT DATED 17.1.2012 SUBMITTED BY THE ADVOCATE COMMISSIONER T.K.PRIYA IN O.S.NO.434 OF 2010 BEFORE THE MUNSIFF'S COURT, WADAKKANCHERY EXHIBIT 5 TRUE COPY OF THE PETITION, I.A.NO.728 OF 2013 IN I.A.NO.682 OF 2011 IN O.S.NO.434 OF 2010 FILED BY THE PETITIONER BEFORE THE MUNSIFF'S COURT, WADAKKANCHERY DATED 2.4.2013 EXHIBIT P6 TRUE COPY OF THE COUNTER STATEMENT DATED 16.6.2017 FILED BY THE RESPONDENTS IN EXT.P5 BEFORE MUNSIFF'S COURT, WADAKKANCHERY EXHIBIT P7 TRUE COPY OF THE ORDER DATED 11.4.2023 IN I.A.NO.728 OF 2013 IN I.A.NO.682 OF 2011 IN O.S.NO.434 OF 2010 OF MUNSIFF'S COURT, WADAKKANCHERY EXHIBIT P8 TRUE COPY OF THE ORDER DATED 9.8.2023 IN I.A.NO.728 OF 2013 IN I.A.NO.682 OF 2011 IN O.S.NO.434 OF 2010 OF MUNSIFF'S COURT, WADAKKANCHERY, UPLOADED IN THE WEBSITE OF THE MUNSIFF'S COURT, WADAKKANCHERRY.