Full Judgment
IN THE HIGH COURT OF KERALAAT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE V.CHITAMBARESH WEDNESDAY, THE30H DAYOF JULY20148TH SRAVANA, 1936 OP(C).No. 1682 of 2014 (O) --------------------------- AGAINST THE ORDER
/JUDGMENT
IN CMA52014 of DISTRICT COURT, PATHANAMTHITTA PETITIONER(S): -------------------------- 1. SUBHADRAMMA, AGED59YEARS W/O.VIJAYAN PILLAI, PALAPPARAMPIL, KADAMPANAD P.O., KADAMPANAD VILLAGE, ADOOR TALUK.
2. RAGHU, AGED54YEARS, S/O.NARAYANAN NAIR, KOCHUKALEECKAL VADAKKETHIL KADAMPANADU SOUTH MURI, KADAMPANAD VILLAGE. BY ADV. SRI.K.SHAJ RESPONDENT(S): ---------------------------- 1. C.E.SAMUEL, AGED65YEARS, S/O.EASO, SANTHOSH COTTAGE, KADAMBANADU THEKKU MURI KADAMBANAD VILLAGE, ADOOR TALUK689645.
2. VIJAYAN PILLAI, AGED65YEARS S/O.VASU PILLAI, PALAPARAMBIL HOUSE KADAMBANAD NORTH MURI, KADAMBANAD VILLAGE ADOOR TALUK NOW RESIDING AT SANTHIGIRI ASHRAMAM ARUVIKUZHY, KOTTAYAM681004. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON3007-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP(C).No. 1682 of 2014 (O) APPENDIX PETITIONER(S)' EXHIBITS EXHIBIT P1 : TRUE COPY OF THE PLAINT IN OS5192012 OF MUNSIFF'S COURT,ADOOR. EXHIBIT P2 : TRUE COPY OF THE IA25362012 IN OS5192012 OF MUNSIFF'S COURT,ADOOR. EXHIBIT P3 : TRUE COPY OF THE PRELIMINARY OBJECTION FILED IN OS5192012 OF THE MUNSIFF'S COURT,ADOOR. EXHIBIT P4 : TRUE COPY OF THE ORDER
DT.20-12-2012 IN IA25362012 IN OS5192012 OF MUNSIFF'S COURT,ADOOR. EXHIBIT P5 : TRUE COPY OF THE JUDGMENT
DT.16-2-2009 IN RSA10942008 OF THIS HON'BLE COURT. EXHIBIT P6 : TRUE COPY OF THE JUDGMENT
DT.1-12-2012 IN OPC41022012 OF THIS HON'BLE COURT. EXHIBIT P7 : TRUE COPY OF THE ORDER
DT.2-3-2013 IN CMA22013 OF THE DISTRICT COURT, PATHANAMTHITTA. EXHIBIT P8 : TRUE COPY OF THE IA15802013 IN IA17182013 IN OS5192012 OF THE MUNSIFF'S COURT,ADOOR. EXHIBIT P9 : TRUE COPY OF THE ORDER
DT.13-1-2014 IN IA17182013 IN OS5192012 OF THE MUNSIFF'S COURT,ADOOR. EXHIBIT P10 : TRUE COPY OF THE JUDGMENT
DT.14-7-2014 IN CMA52014 ON THE FILES OF THE DISTRICT COURT,PATHANAMTHITTA EXHIBIT P11 : TRUE COPY OF THE ORDER
DT.13-1-2014 IN IA15802013 IN OS5192012 OF THE MUNSIFF'S COURT,ADOOR. RESPONDENT(S)' EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE. V. CHITAMBARESH, J -------------------------------- OP(C) NO. 1682 OF2014------------------------------------ Dated this the 30th day of July, 2014 JUDGMENT
The application for temporary injunction has already been disposed of finally. The order therein cannot be modified on the basis of the report of an Advocate Commissioner in another suit. This is because the report of the Advocate Commissioner is evidence in the suit in which it is filed. Of course the said report can be relied on in another suit if the Advocate Commissioner is examined in evidence. The parties are yet to adduce evidence at the time of trial of the suit.
2. I do not find any sufficient ground to interfere with the order impugned. I however direct the court below to dispose of the suit at the earliest. Every endeavour shall be made by the court of the Munsiff of Adoor to dispose of O.S. No. 519/2012 on its file within six months. The same shall be done untrammeled by any observation contained in the order impugned. Needless to say that the suit shall be disposed of along with O.S. No. 2 OP(C) No. 1682/2014 95/2013 if a joint trial has already been ordered. The Original Petition is dismissed subject to the above reservation. V. CHITAMBARESH JUDGE ncd