[Cites 1, Cited by 0]
Kerala High Court
Sudhakaran vs Devassy on 23 January, 2026
Author: T.R. Ravi
Bench: T.R.Ravi
2026:KER:5742
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
FRIDAY, THE 23RD DAY OF JANUARY 2026 / 3RD MAGHA, 1947
OP(C) NO.243 OF 2026
AGAINST THE ORDER/JUDGMENT DATED 19.12.2025 IN IA 9/2025 IN
OS NO.78 OF 2024 OF PRINCIPAL MUNSIFF COURT, KOCHI
------------------
PETITIONER/RESPONDENT/DEFENDANT :-
SUDHAKARAN, AGED 76 YEARS
S/O.KUMARAN, PANAKAPARAMBIL HOUSE,
NAYARAMBALAM VILLAGE, KOCHI TALUK,
ERNAKULAM DISTRICT, PIN - 682 509
BY ADVS.
SRI.C.P.PEETHAMBARAN
SMT.KARTHIKA PEETHAMBARAN
SMT.NEERAJA VENUGOPAL
SRI.ARJUN J DAS
SMT.VINEETHA S. LAL
RESPONDENT/PETITIONER/PLAINTIFF :-
DEVASSY, AGED 74 YEARS
S/O.PULLAN IYPE, PULLAN HOUSE, NAYARAMBALAM,
OPPOSITE SIDE OF LOBELIA SCHOOL, KOCHI TALUK,
ERNAKULAM DISTRICT, PIN - 682 509
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON
23.01.2026, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(C) No.243 of 2026
-: 2 :-
2026:KER:5742
T.R. RAVI, J.
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OP(C) No.243 of 2026
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Dated this the 23rd day of January, 2026
JUDGMENT
The Original Petition has been filed challenging
Ext.P16 order dated 19.12.2025 in I.A. No.9 of 2025 in O.S.
No.78 of 2024 of the Munsiff Court, Kochi, whereby an
application filed by the respondent for appointing a
Commissioner has been allowed.
2. The contention of the petitioner is that the
issuance of commission was totally unnecessary and the only
attempt is to delay the trial of the suit. The suit is of the year
2024. The respondent had filed the application at the stage
of trial. Earlier, the respondent had filed an application
seeking permission to serve interrogatories to the petitioner,
which had been dismissed by the same court. It is, hence,
submitted by the learned counsel for the petitioner that for
the same reason, this application should also have been
dismissed.
2026:KER:5742
3. I do not find any reason to accept the above
said contention. In paragraph 9 of the impugned order, the
court has stated the reason for issuance of the commission
and held that the court is of the view that the limited local
inspection to note the physical features as they exist on the
ground would assist the court in appreciating the evidence
already on record. There is no reason to interfere with such
a finding in exercise of jurisdiction under Article 227 of the
Constitution of India.
The Original Petition fails and the same is dismissed.
It is made clear that this Court is not answering on the
merits of the contentions raised by the petitioner and the
petitioner is entitled to raise all these contentions during
trial and hearing.
Sd/-
T.R. RAVI
JUDGE
Jvt/23.1.2026
2026:KER:5742
APPENDIX OF OP(C) NO. 243 OF 2026
PETITIONER EXHIBITS :-
Exhibit P1 TRUE COPY OF THE PLAINT IN O.S. NO. 78/2024
FILED BY THE RESPONDENT BEFORE THE MUNSIFF
COURT, KOCHI, DATED 24/3/2024
Exhibit P2 TRUE COPY EXTRACT OF THE RELEVANT PAGE OF
BASIC TAX REGISTER ISSUED FROM NAYARAMBALAM
PANCHAYATH
Exhibit P3 TRUE COPY OF THE REPLY DATED 4/4/2024 ISSUED
BY THE NAYARAMBALAM VILLAGE OFFICE UNDER RIGHT
TO INFORMATION ACT
Exhibit P4 TRUE COPY OF THE WRITTEN STATEMENT DATED
2/7/2024 FILED BY THE PETITIONER IN O.S. NO.
78/2024 BEFORE THE MUNSIFF COURT, KOCHI
Exhibit P5 TRUE COPY OF THE I.A. NO. 2/2024 IN O.S. NO.
78/2024 FILED BY THE RESPONDENT BEFORE THE
MUNSIFF COURT, KOCHI DATED 26.03.2024
Exhibit P6 TRUE COPY OF THE COUNTER AFFIDAVIT DATED
2/7/2024 FILED BY THE PETITIONER IN I.A. NO.
2/2024 IN O.S. NO. 78/2024 BEFORE THE MUNSIFF
COURT, KOCHI
Exhibit P7 TRUE COPY OF THE ORDER DATED 5/8/2024 IN I.A.
NO. 2/2024 IN O.S. NO. 78/2024 OF MUNSIFF
COURT, KOCHI
Exhibit P8 TRUE COPY OF THE I.A. NO. 5/2025 DATED
1/10/2025 FILED BY THE PETITIONER IN O.S. NO.
78/2024 BEFORE THE MUNSIFF COURT, KOCHI
Exhibit P9 TRUE COPY OF THE PROOF AFFIDAVIT DATED
3/10/2025 FILED BY THE RESPONDENT IN O.S. NO.
78/2024 BEFORE THE MUNSIFF COURT, KOCHI
(WITHOUT DOCUMENTS)
Exhibit P10 TRUE COPY OF THE CONSENT FOR PROPERTY CROSSING
(DOCUMENT NO. 13 REFERRED IN EXHIBIT P9) DATED
19/5/2025
Exhibit P11 TRUE COPY OF THE I.A. NO. 8/2025 DATED
7/10/2025 FILED BY THE RESPONDENT IN O.S. NO.
78/2024 BEFORE THE MUNSIFF COURT, KOCHI
Exhibit P12 TRUE COPY OF THE OBJECTION DATED 17/10/2025 IN
I.A. NO. 8/2025 FILED BY THE PETITIONER IN
O.S. NO. 78/2024 BEFORE THE MUNSIFF COURT,
KOCHI
Exhibit P13 TRUE COPY OF THE ORDER DATED 27/11/2025 IN
I.A. NO. 8/2025 IN O.S. NO. 78/2024 OF THE
MUNSIFF COURT, KOCHI
2026:KER:5742
Exhibit P14 TRUE COPY OF THE I.A. NO. 9/2025 DATED
29/11/2025 FILED BY THE RESPONDENT IN O.S. NO.
78/2024 BEFORE THE MUNSIFF COURT, KOCHI
Exhibit P15 TRUE COPY OF THE OBJECTION FILED BY THE
PETITIONER I.A. NO. 9/2025 IN O.S. NO. 78/2024
DATED 9/12/2025 BEFORE THE MUNSIFF COURT,
KOCHI
Exhibit P16 TRUE COPY OF THE ORDER DATED 19/12/2025 IN
I.A. NO. 9/2025 IN O.S. NO. 78/2024 OF THE
MUNSIFF COURT, KOCHI
