C.N. Suresh vs C.N. Sujith

Type Court Judgment Court Kerala Decided Jun 15, 2023

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Citation: sooperkanoon.com/1367092
Court: Kerala High Court
Judge: Honourable Mr. Justice P.Somarajan
Decided On: Jun 15, 2023
Case Number: OP(C)/1213/2023

Parties & Advocates

Appellant / Petitioner

C.N. Suresh

Respondent

C.N. Sujith

Excerpt

.....2 narayanan, s/o (late) chamu, nandanam house, palappallam, nalleppally post, this op (civil) having come up for admission on 15.06.2023, the court on the same day delivered the following:judgmentthe suit was instituted for fixation of boundary and other reliefs in the year 2018. a survey commission was appointed to survey and measure the property with the assistance of a qualified surveyor. but when they visited the property, it was found to be locked within a compound wall and a gate. as such, they could not perform the work. they sought permission of the court to break open the lock of the gate. so far, no orders have been passed by the learned munsiff. hence, the petitioner came up. since it is for early disposal, notice to the respondents is dispensed with. the trial court shall make all endeavour to get a report from the surveyor and commissioner after completion of the proposed work within a period of three weeks from the next posting date and shall report compliance. the original petition will stand allowed accordingly. sd/- p.somarajan judge rkr appendix of op(c) 1213/2023 petitioner exhibits exhibit p1 true copy of the plaint in o.s. no.136/2018 dated 14/5/2018 filed by the petitioner on the file of munsiff court, chittur exhibit p2 true copy of the written statement dated munsiff court, chittur exhibit p3 true copy of the i.a. no.1881/2022 in o.s. no.136/2018 filed by the petitioner dated chittur exhibit p4 true copy of the commission report in i.a. no.1881/2022 in o.s. no.136/2018 on the file of munsiff court, chittur dated 28/11/2022 respondents exhibits nil true copy p.a.to judge

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.SOMARAJAN THURSDAY, THE 15TH DAY OF JUNE 2023 / 25TH JYAISHTA, 1945 I.A.NO.1881/2022 IN O.S.NO.136/2018 OF MUNSIFF COURT, CHITTUR PETITIONER/PETITIONER/PLAINTIFF: C.N. SURESH, AGED 49 YEARS, S/O C. NARAYANAN, RESIDING AT PALAPPALLAM VEEDU, MUTTIMAMBALAM, KEERIKKADAN PADI, KOZHINJAMBARA POST, CHITTUR TALUK, PALAKKAD DISTRICT, PIN 678555, NOW RESIDING NEAR RANJITH MOTALS, PALAKKAD TALUK, PALAKKAD DISTRICT, PIN - 678001 BY ADVS. SARATH M.S. B.PREMNATH RESPONDENTS/RESPONDENTS/DEFENDANTS: 1 C.N. SUJITH, AGED 40 YEARS, S/O NARAYANAN, RESIDING AT PALAPPALLAM VEEDU, MUTTIMAMBALAM, KEERIKKADAN PADI, KOZHINJAMBARA POST, 2 NARAYANAN, S/O (LATE) CHAMU, NANDANAM HOUSE, PALAPPALLAM, NALLEPPALLY POST, THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 15.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The suit was instituted for fixation of boundary and other reliefs in the year 2018. A survey commission was appointed to survey and measure the property with the assistance of a qualified surveyor. But when they visited the property, it was found to be locked within a compound wall and a gate. As such, they could not perform the work. They sought permission of the court to break open the lock of the gate. So far, no orders have been passed by the learned Munsiff. Hence, the petitioner came up. Since it is for early disposal, notice to the respondents is dispensed with. The trial court shall make all endeavour to get a report from the surveyor and commissioner after completion of the proposed work within a period of three weeks from the next posting date and shall report compliance. The original petition will stand allowed accordingly. Sd/- P.SOMARAJAN JUDGE rkr APPENDIX OF OP(C) 1213/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PLAINT IN O.S. NO.136/2018 DATED 14/5/2018 FILED BY THE PETITIONER ON THE FILE OF MUNSIFF COURT, CHITTUR Exhibit P2 TRUE COPY OF THE WRITTEN STATEMENT DATED MUNSIFF COURT, CHITTUR Exhibit P3 TRUE COPY OF THE I.A. NO.1881/2022 IN O.S. NO.136/2018 FILED BY THE PETITIONER DATED CHITTUR Exhibit P4 TRUE COPY OF THE COMMISSION REPORT IN I.A. NO.1881/2022 IN O.S. NO.136/2018 ON THE FILE OF MUNSIFF COURT, CHITTUR DATED 28/11/2022 RESPONDENTS EXHIBITS NIL TRUE COPY P.A.TO JUDGE

Same Court & Year Kerala · 2023 Same Parties C.N. Suresh vs C.N. Sujith Same Judge Honourable Mr. Justice P.Somarajan