Rosily vs P P Sunny

Type Court Judgment Court Kerala Decided Jun 26, 2023

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https://sooperkanoon.com/case/1360932

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Citation: sooperkanoon.com/1360932
Court: Kerala High Court
Judge: Honourable Mr. Justice P.Somarajan
Decided On: Jun 26, 2023
Case Number: OP(C)/3055/2015

Parties & Advocates

Appellant / Petitioner

Rosily

Respondent

P P Sunny

Excerpt

.....same day delivered the following:judgmentthe amendment sought does not convey any meaning as to its nature. even it will not convey the real nature of the relief sought. the first part of the prayer is to set apart the land wherein the building is situated. it is not mentioned whether it is the building and the land appurtenant thereto or limited to the land over which the structure is situated. the area or measurement, if any, is not made mentioned. the second relief is to set apart a way having a width of two metres starting from the public road. it is not clear through which part of the said property the way has to be set apart. without knowing the actual impact of the amendment sought, the trial court has allowed it in a mechanical way. hence, the amendment allowed by the trial court will stand set aside and the application will stand dismissed. the original petition will stand allowed, without prejudice to the right of parties to file a fresh amendment application in accordance with the law in force. sd/- p.somarajan judge msp appendix of op(c) 3055/2015 petitioner exhibits exhibit p1 copy of the plaint in os 61/13 on the file of the principal munsiff, kochi. exhibit p2 copy of the written statement of the petitioner in os 61/13 on the file of the princiapl munsiff kochi. exhibit p3 copy of the ia 2177/15 in os 61/13 on the file of the court of the munsiff kochi. exhibit p4 copy of the counter affidavit in ia 2177 of 2015 in os 61/13 on the file of the court of the munsiff, kochi. exhibit p5 copy of the order dated 27.10.15 in ia principal munsiff kochi.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.SOMARAJAN MONDAY, THE 26TH DAY OF JUNE 2023 / 5TH ASHADHA, 1945 AGAINST THE ORDER DATED 27.10.2015 IN IA.NO.2177/2015 IN OS 61/2013 OF PRINCIPAL MUNSIFF COURT, KOCHI PETITIONERS/RESPONDENTS 7 TO 9/DEFENDANTS 7 TO 9:
1 ROSILY, AGED 52 YEARS, W/O.FREDY, PANAKKAL HOUSE, H.NO.IV/291, KARIPALAM ROAD, KOCHI 682 002. 2 JYOTISH, S/O.FREDY, AGED 34 YEARS, PANAKKAL HOUSE, H.NO.IV/291, KARIPALAM ROAD, KOCHI 682 002. 3 JAVEESH, S/O.FREDY, AGED 34 YEARS,PANAKKAL HOUSE, H.NO.IV/291, KARIPALAM ROAD, KOCHI 682 002. BY ADVS. SRI.P.CHANDRASEKHAR SMT.V.A.HARITHA SRI.P.A.MOHAMMED SHAH SMT.MARY RESHMA GEORGE SMT.P.M.MAZNA MANSOOR SRI.K.NANDAKUMAR SRI.S.PRASANTH SRI.SOORAJ T.ELENJICKAL SMT.UMA
RESPONDENTS/PETITIONERS/PLAINTIFFS:
1 P.P. SUNNY, AGED 64 YEARS, 2 CELINE GEORGE, W/O.GEORGE, MUTTATH HOUSE, THURAVOOR VILLAGE, KIDANGOOR KARA, ALUVA TALUK, ERNAKULAM DISTRICT REPRESENTED BY P.P.SUNNY, S/O.PETER, 3 BABY PETER, D/O.PETER, PTHEMPILLIL HOUSE, H.NO.19/2062, SDPY ROAD, PALLURUTHY, KOCHI 682 006, REPRESENTED BY P.P.SUNNY, S/O.PETER, MECHANIC, PANAKKAL HOUSE, H.NO.19/1969, VILAKKUMADAM, PALLURUTHY, KOCHI 682 006. 4 SEBASTIAN, S/O.ROBERT, MUZHANGUMTHARA HOUSE, LUCY DALE, MILLUPADY, U.C COLLEGE, ALUVA 683 102, REPRESENTED BY VICTORIA SEBASTIAN, W/O.SEBASTIAN, LUCY DALE, MILLUPADY, U.C COLLEGE, ALUVA, PIN- 683 102. 5 PUSHPY, D/O.FREEDA ROBERT, AND W/O.M.P.PETER,
H.NO.6/335, KANDATHI PARAMBIL HOUSE, PERUMANOOR, PALAKKAD 679 536, REPRESENTED BY P.P.SUNNY, S/O.PETER, 6 GEENA JOSE JACOB, D/O.FREEDA ROBERT, H.NO.44/6825, KOZHIPURATHU HOUSE, VADUTHALA P.O, ERNAKULAM REPRESENTED BY P.P SUNNY, 7 P.P.STANLY, S/O.PETER, PANAKAL VILLA, THURVOOR VILLAGE, KIDANGOOR KARA, ALUVA VILLAGE, REPRESENTED BY P.P.SUNNY, S/O.PETER, MECHANIC, PANAKKAL HOUSE, H.NO.19/1969, VILAKKUMADAM, PALLURUTHY, KOCHI 682 006. 8 PHILOMINA ANTONY, D/O.PETER, H.NO.11/518, MECKANZIE GARDEN, BEACH ROAD, FORT KOCHI 682 001, REPRESENTED BY P.P.SUNNY, S/O.PETER 9 LILLY GEORGE, D/O.PETER CHERIAPATTA PARAMBU, PIPELINE ROAD, THRIKKAKARA P.O, ERNAKULAM REPRESENTED BY P.P.SUNNY, 10 ELETRA GEORGE, W/O.GEORGE AND D/O.PETER, GRACE VILLA, THIRUNAGAL NAGST, 3RD CROSS, RAJAKEELPAKAM, THAMBARAM CHENNAI REPRESENTED BY P.P.SUNNY, S/O.PETER, MECHANIC, PANAKKAL HOUSE, H.NO.19/1969, VILAKKUMADAM, BY ADVS. SRI.G.KRISHNAKUMAR SMT.SANDHYA RAJU SMT.SANDHYA RAJU
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 26.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The amendment sought does not convey any meaning as to its nature. Even it will not convey the real nature of the relief sought. The first part of the prayer is to set apart the land wherein the building is situated. It is not mentioned whether it is the building and the land appurtenant thereto or limited to the land over which the structure is situated. The area or measurement, if any, is not made mentioned. The second relief is to set apart a way having a width of two metres starting from the public road. It is not clear through which part of the said property the way has to be set apart. Without knowing the actual impact of the amendment sought, the trial court has allowed it in a mechanical way. Hence, the amendment allowed by the trial court will stand set aside and the application will stand dismissed. The original petition will stand allowed, without prejudice to the right of parties to file a fresh amendment application in accordance with the law in force. Sd/- P.SOMARAJAN JUDGE msp APPENDIX OF OP(C) 3055/2015 PETITIONER EXHIBITS EXHIBIT P1 COPY OF THE PLAINT IN OS 61/13 ON THE FILE OF THE PRINCIPAL MUNSIFF, KOCHI. EXHIBIT P2 COPY OF THE WRITTEN STATEMENT OF THE PETITIONER IN OS 61/13 ON THE FILE OF THE PRINCIAPL MUNSIFF KOCHI. EXHIBIT P3 COPY OF THE IA 2177/15 IN OS 61/13 ON THE FILE OF THE COURT OF THE MUNSIFF KOCHI. EXHIBIT P4 COPY OF THE COUNTER AFFIDAVIT IN IA 2177 OF 2015 IN OS 61/13 ON THE FILE OF THE COURT OF THE MUNSIFF, KOCHI. EXHIBIT P5 COPY OF THE ORDER DATED 27.10.15 IN IA PRINCIPAL MUNSIFF KOCHI.

Same Court & Year Kerala · 2023 Same Parties Rosily vs P P Sunny Same Judge Honourable Mr. Justice P.Somarajan