Kerala High Court
T.T.K. Devaswom vs P.E. Krishnan Namboodiri on 29 May, 2024
Author: Kauser Edappagath
Bench: Kauser Edappagath
OP(C) No. 1134 of 2024 :1:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
WEDNESDAY, THE 29TH DAY OF MAY 2024 / 8TH JYAISHTA, 1946
OP(C) NO. 1134 OF 2024
AGAINST THE ORDER/JUDGMENT DATED 08.02.2024 IN OS NO.20 OF
2015 OF ASSISTANT SESSIONS COURT/SUB COURT/COMMERCIAL
COURT, PAYYANNUR
PETITIONER(S)/PETITIONER/PLAINTIFF:
T.T.K. DEVASWOM,
AGED 53 YEARS TALIPARAMBA AMSOM DESOM, TALIPARAMBA
TALUK, KANNUR DISTRICT, REPRESENTED BY ITS EXECUTIVE
OFFICER - IN - CHARGE, GIREESH KUMAR P., AGED 53,
S/O. LATE NARAYANAN NAIR, PULIBALATHINGAL HOUSE,
MAVOOR, KOZHIKODE ., PIN - 673661
BY ADVS. MATHEW KURIAKOSE G.GIREESH T.G.SUNIL
(PERUMBAVOOR) J.KRISHNAKUMAR (ADOOR) C.N.PRAKASH MONI
GEORGE SHAJI P.K.
RESPONDENT(S)/RESPONDENT/DEFENDANT:
P.E. KRISHNAN NAMBOODIRI,
S/O. NARAYANAN NAMBOODIRI, NANDEESWARAM, PERUNTHATTA,
EETTISSERI ILLAM, TALIPARAMBA AMSOM, KUPPAM DESOM,
P.O. KUPPAM KANNUR., PIN - 670502
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
29.05.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(C) No. 1134 of 2024 :2:
Dated this the 29th day of May, 2024.
JUDGMENT
Ext. P6 order dismissing the application to remit the
commission report is under challenge in this original petition.
2. The petitioner is the plaintiff and the respondent is
the defendant in OS No.20/2015 pending on the file of Sub
Court, Payyannur (for short, "the Trial Court"). The suit is one
for recovery of possession on the strength of title and for
consequential reliefs. The Trial Court deputed an Advocate
Commissioner to identify the plaint schedule property with the
help of a surveyor. Accordingly, the Commissioner filed Ext.P3
report and plan. Thereafter, the plaintiff filed Ext.P4
application to remit back the Commission Report to correct the
plot earmarked in the plan. The Court below after hearing both
sides, dismissed Ext.P4 application as per Ext.P6 order. It is
challenging the said order, the plaintiff has approached this
Court.
3. I have heard the learned counsel for the petitioner.
4. The Commissioner has measured the plaint
schedule property on the basis of title deed and also survey
records. The Commissioner has identified two plots in Ext.P3
plan, plot 'A' and plot 'B'. In the Commission Report, the
Commissioner has shown the plot 'A' as the plaint schedule
property. But according to the petitioner, the plaint schedule
property consists of plot 'A' and 'B'. The side measurements of
plot 'A' and 'B' has been given. The plaintiff can very well
examine the Commissioner and prove that the plaint schedule
property as measured by him consists of plaint 'A' and 'B'
schedule properties. For the said purpose, Commission Report
need not be remitted.
Hence, this original petition is dismissed with liberty to
the petitioner to examine the Commissioner at the time of
trial.
Sd/-
DR.KAUSER EDAPPAGATH
JUDGE
RPR/-
APPENDIX OF OP(C) 1134/2024
PETITIONER EXHIBITS
Exhibit P 1 TRUE COPY OF THE PLAINT IN O.S. NO. 20/2015 ON THE
FILES OF THE SUBORDINATE JUDGES COURT, PAYYANNUR
Exhibit P 2 TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE
DEFENDANT IN O.S. NO. 20/2015 ON THE FILES OF THE
SUBORDINATE JUDGES COURT, PAYYANNUR
Exhibit P 3 TRUE COPY OF THE COMMISSION REPORT AND PLAN DATED
15.03.2017 IN O.S. NO. 20/2015 ON THE FILES OF THE
SUBORDINATE JUDGES COURT, PAYYANNUR
Exhibit P 4 RUE COPY OF THE AFFIDAVIT AND APPLICATION
SUBMITTED BY THE PETITIONER IN I.A. NO. 1/2022 IN
O.S. NO. 20/2015 ON THE FILES OF THE SUBORDINATE
JUDGES COURT, PAYYANNUR
Exhibit P 5 TRUE COPY OF THE COUNTER STATEMENT SUBMITTED BY
THE RESPONDENT IN I.A. NO. 1/2022 IN O.S. NO.
20/2015 ON THE FILES OF THE SUBORDINATE JUDGES
COURT, PAYYANNUR
Exhibit P 6 TRUE COPY OF THE ORDER DATED 08.02.2024 IN I.A.
NO. 1/2022 IN O.S. NO. 20/2015 ON THE FILES OF THE
SUBORDINATE JUDGES COURT, PAYYANNUR
