Full Judgment
IN THE HIGH COURT OF KERALAAT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH FRIDAY, THE31T DAYOF JANUARY201411TH MAGHA, 1935 OP(C).No. 284 of 2014 (O) -------------------------- AGAINST THE ORDER
IN I.A. NO. 9921/2013 IN OS3592008 of II ADDL.SUB COURT,THRISSUR DATED0101-2014 PETITIONER(S)/IST DEFENDANT: ------------------------------------------------------ RAPHY, S/O. CHAKALAKAL ANTHONY, OLLUR VILLAGE, OLLUR DESOM THRISSUR TALUK. BY ADVS.SRI.K.B.GANGESH SMT.SMITHA CHATHANARAMBATH RESPONDENT(S)/PLAINTIFFS: -------------------------------------------------- 1. ANNA KATHERINE (MINOR) D/O. CHAMAVAILA VEETTIL MOHAN XAVIER, OLLUR VILLAGE, OLLUR DESOM, THRISSUR TALUK.
2. ASHA THRESA (MINOR) -DO- -DO- -DO- -DO-, (R1, R2 REP.BY FATHER/GUARDIAN MOHAN XAVIER) 3. IMMANUVAL ROFIN (MINOR) S/O. CHAMAVILA VEETIL DEEPAN XAVIER, OLLUR VILLAGE, OLLUR DESOM, THRISSUR TALUK.
4. ANN MARIYA (MINOR) -DO- -DO- -DO-- (R3 AND R4 REPRESENTED BY GUARDIAN/FATHER DEEPAN XAVIER) THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON3101-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C).No. 284 of 2014 (O) APPENDIX PETITIONER(S)' EXHIBITS EXHIBIT P1 - TRUE COPY OF THE PLAINT IN O.S3592008 ON THE FILE OF2D ADDITIONAL SUB COURT, THRISSUR. EXHIBIT P2 - TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE IST DEFENDANT IN O.S3592008 EXHIBIT P3 - TRUE COPY OF THE DOCUMENT NO. 861/1970 OF OLLUR SUB REGISTRAR OFFICE EXHIBIT P4 - TRUE COPY OF THE DOCUMENT NO. 6279/1994 OF KUTTANELLUR SUB REGISTRAR OFFICE DATED0111/1994. EXHIBIT P5 - TRUE COPY OF THE DOCUMENT NO. 1147/2005 OF KUTTANELLUR SUB REGISTRAR OFFICE DATED0703/2005. EXHIBIT P6 - TRUE COPY OF THE DOCUMENT NO. 1232/2006 OF KUTTANELLUR SUB REGISTRAR OFFICE DATED1503/2006. EXHIBIT P7 - TRUE COPY OF THE I.A1572010 IN O.S3582008 EXHIBIT P8 - TRUE COPY OF THE OBJECTION PREFERRED BY THE PETITIONER TO EXHIBIT-P7 APPLICATION. EXHIBIT P9 - TRUE COPY OF THE COMMISSION REPORT DATED1809/2012 IN O.S3592008 EXHIBIT P10 - TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER TO EXHIBIT-P9 REPORT ON1403/2013. EXHIBIT P11 - TRUE COPY OF THE I.A99212013 IN O.S3592008 EXHIBIT P12 - TRUE COPY OF THE OBJECTION FILED BY THE PLAINTIFFS TO EXHIBIT-P11 EXHIBIT P13 - TRUE COPY OF THE ORDER
DATED0101/2013 PASSED BY2D ADDITIONAL SUB COURT, THRISSUR IN I.A99212013 IN OS3592008 RESPONDENT(S)' EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE. V. CHITAMBARESH, J -------------------------------- OP(C) NO. 284 OF2014------------------------------------ Dated this the 31st day of January, 2014 JUDGMENT
An order refusing to remit the report and plan of the Advocate Commissioner in a suit for declaration, recovery of possession and injunction is impugned. The order impugned inter alia states as follows: "The petitioner is at liberty to adduce evidence in support of his objection at the time of trial. At that stage, if the plan and report is found to be insufficient for the proper adjudication of the dispute, the petitioner can canvass for remitting the report at that stage." 2. The interest of the petitioner is sufficiently protected in as much as he can canvass for remitting the report and plan at a later stage. That would depend upon the quality of the evidence adduced in objection to the report and plan of the Advocate Commissioner. There is no error of jurisdiction as to annul the order impugned in this Original Petition. The Original Petition fails and is dismissed. V. CHITAMBARESH JUDGE ncd