Kerala High Court
Mohanadasan vs Venugopalan on 27 January, 2025
Author: K.Babu
Bench: K. Babu
2025:KER:6072
O.P (C) No.234 of 2018
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
MONDAY, THE 27TH DAY OF JANUARY 2025 / 7TH MAGHA, 1946
OP(C) NO. 234 OF 2018
AGAINST THE ORDER IN I.A NO.44/17 IN OS NO.4 OF 2016 OF
GRAMA NYAYALAYA, SREEKRISHNAPURAM.
PETITIONER/PLAINTIFF:
MOHANADASAN,
AGED 56 YEARS,
S/O.KRISHNANKUTTY GUPTHAN,
AGED 56 YEARS,
PALAKALAM PADINJAREKARA HOUSE,
KADAMBAZHIPURAM P.O.,
PALAKKAD DISTRICT.
BY ADVS.
SRI.K.MOHANAKANNAN
SMT.T.V.NEEMA
SMT.A.R.PRAVITHA
RESPONDENT/DEFENDANT:
VENUGOPALAN,
S/O.ITTUNNI RAMAN NAIR,
PATHARICHOLAYANGATTIL HOUSE,
AZHIYANNUR, PULLUNDASSERI,
KADAMBAZHIPURAM P.O.,
PALAKKAD DISTRICT-678 633.
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O.P (C) No.234 of 2018
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BY ADV SRI.P.JAYARAM
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON
27.01.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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O.P (C) No.234 of 2018
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K.BABU, J.
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O.P (C) No.234 of 2018
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Dated this the 27th day of January, 2025
JUDGMENT
The challenge in this Original Petition is to Ext.P6 order in I.A
No.44/17 in O.S No.4/2016, an application filed by the plaintiff
seeking to remit Ext.P3 commission report.
2. The plaintiff instituted the Original Suit seeking recovery of
possession of the plaint 'B' schedule property from the defendant.
The plaintiff filed an application to appoint a Commissioner to
identify the plaint schedule property. The Commissioner filed
Ext.P3 report and plan.
3. The plaintiff filed objection to Ext.P3 report contending that
the Commissioner has not identified the property based on the title
deeds and other relevant survey records. The defendant resisted
the application and submitted that the Commissioner has identified
the plaint properties based on the title deeds and the relevant
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documents. The Trial Court found that the commission report is not
liable to be remitted.
4. Heard both sides.
5. I have perused the plaint, the Commission Report and the
order impugned.
6. The plaintiff described 'A' schedule property as 1 acre and 8
cents of land in survey Nos.58/1 and 59/8 of Kadambazhipuram
Village. The 'B' schedule property is described as 12 cents of land in
survey No.58/1 of Kadambazhipuram Village.
7. The case of the plaintiff is that he has title over 1 acre and 8
cents of land, out of which 12 cents of land is in the possession of
the defendant.
8. The Advocate Commissioner found that the plaintiff
possesses one acre and 6.76 cents of land. The Commissioner
further observed that the plaintiff is not in possession of any
property in survey No.59/8. The Commissioner further reported
that the properties are separated by well-defined boundaries on all
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sides.
9. This Court is of the view that the petitioner/plaintiff has
failed to establish any ground to remit the report.
10. The learned counsel for the petitioner seeks liberty to the
plaintiff to apply for a fresh commission during the course of trial.
11. The petitioner/plaintiff is at liberty to raise all the
contentions raised in this petition during trial. The Trial Court is at
liberty to issue a fresh commission to conduct further enquiry
during the course of trial, if the plaintiff establishes the grounds for
it. I make it clear that I have not made any observation on the
merits of the contentions raised by the parties. The Trial Court
shall proceed with the trial untrammelled by any of the
observations made here.
The Original Petition (Civil) is disposed of as above.
Sd/-
K.BABU,
JUDGE
KAS
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APPENDIX OF OP(C) 234/2018
PETITIONER EXHIBITS
EXHIBIT-P1: TRUE COPY OF THE PLAINT IN OS 4/2016(OS
258/07) OF THE GRAMA NYAYALAYA
SREEKRISHNAPURAM.
EXHIBIT-P2: TRUE COPY OF THE WRITTEN STATEMENT
FILED BY THE RESPONDENT/DEFENDANT FILED
BY DEFENDANT.
EXHIBIT-P3: TRUE COPY OF THE REPORT AND PLAN DATED
25.2.2016.
EXHIBIT-P4: TRUE COPY OF THE AFFIDAVIT FILED BY THE
PETITIONER IN SUPPORT OF IA 44/2017.
EXHIBIT-P5: TRUE COPY OF THE OBJECTION FILED BY THE
RESPONDENT.
EXHIBIT-P6: TRUE COPY OF THE ORDER PASSED IN IA
44/2017 IN OS 4/2016 OF GRAMA NYAYALAYA
SREEKRISHNAPURAM DATED 6.1.2018.
RESPONDENT EXHIBITS
EXHIBIT-R1(a): TRUE COPY OF THE COMPLAINT DATED
09.11.2018 FILED BY THE PETITIONER
BEFORE THE STATION HOUSE OFFICER,
SREEKRISHNAPURAM POLICE STATION
EXHIBIT-R2(b): TRUE COPY OF THE RECIEPT DATED
09.11.2018 ISSUED FROM SREEKRISHNAPURAM
POLICE STATION WITH REFERENCE TO
EXHIBIT R1 COMPLAINT
