Mariam vs Roy

Mariam vs ROY

Type Court Judgment Court Kerala Decided Jan 31, 2019

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https://sooperkanoon.com/case/1853570

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Citation: sooperkanoon.com/1853570
Court: Kerala High Court
Judge: Honourable Mr. Justice Sathish Ninan
Decided On: Jan 31, 2019
Case Number: OP(C)/204/2019

Parties & Advocates

Appellant / Petitioner

Mariam

Respondent

ROY

Excerpt

.....to assist the commissioner, is under challenge by the petitioner, who is the plaintiff in the suit. the suit is one for declaration of easement right of way by prescription over the plaint - d schedule property. as is revealed from the impugned order, the commissioner could not execute the work due to non-co-operation by the plaintiff. i do not find any error in the order impugned. however, in the nature of the suit, for its proper disposal, it is necessary that a commissioner and surveyor be deputed to inspect the property. i am of the opinion that one more oppurtunity could be granted to the plaintiff. in view of the above, i dispose of this original petition directing the learned munsiff to depute the very same commissioner and surveyor to ascertain the matters as have already been directed. the original petition is disposed of accordingly. sd/- sathish ninan judge ss appendix petitioner's/s exhibits: exhibit p1 the true copy of the plaint in o.s. no. exhibit p2 the true copy of the petition in i.a. no. of the munsiffs court. kochi. exhibit p3 the true copy of the proceedings dated of the additional munsiffs court, kochi downloaded through internet from the website of e- courts. exhibit p4 the true copy of the report dated 20/7/2017 filed by the advocate commissioner in o.s. no.478/2014 on the files of the additional exhibit p5 the true copy of the second interim reportfiled by the learned advocate commissioner in o.s. no. 478/2014 on the files of he additional munsiffs court, kochi. exhibit p6 the true copy of the third interim report submitted by the advocate commissioner in o.s. no. 478/2014 on the files of the learned munsiffs court, kochi dated exhibit p7 the true copy of the fourth interim report dated 16/11/2017 submitted by the learned advocate commissioner in os. no. 478/2014 on the files of the learned munsiffs court, kochi.exhibit p8 the true copy of the interim report dated commissioner in o.s. no. 478/2014 on the files of the munsiffs.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE SATHISH NINAN THURSDAY, THE 31ST DAY OF JANUARY 2019/11TH MAGHA, 1940 (AGAINST THE ORDER/JUDGMENT IN O.S.No.478/2014 OF MUNSIFF COURT, KOCHI) PETITIONER: MARIAM, AGED 74 YEARS, W/O. EDWARD, RESIDING AT PUTHENCHAKKALACKAL HOUSE, KUMBALANGHY, KOCHI 682 007.
BY ADVS. SRI.T.MADHU SMT.C.R.SARADAMANI SRI.B.S.SURAJ KRISHNA RESPONDENTS: 1 ROY, AGED 59 YEARS, S/O. AUGUSTINE, RESIDING AT KUNNUNKALTHARA HOUSE, KUMBALANGHI, KOCHI 682 007. 2 MARY, AGED 79 YEARS, W/O. ELIAS, KUMBALANGHI, KOCHI 682 007. 3 JUDGE, AGED 51 YEARS, S/O. ELIAS, KUMBALANGHI, KOCHI 682 007. 4 GEORGE @ VARUTH, AGED 55 YEARS, S/O. ELIAS, KUMBALANGHI, KOCHI 682 007. BY ADVS. SRI.SABU GEORGE SRI.JUBYRAJ.A.P SRI.NIDHI BALACHANDRAN SRI.R.KRISHNAKUMAR (CHERTHALA) THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 31.01.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

JUDGMENT

The dismissal of an application seeking change of the surveyor deputed to assist the Commissioner, is under challenge by the petitioner, who is the plaintiff in the suit. The suit is one for declaration of easement right of way by prescription over the plaint - D schedule property. As is revealed from the impugned order, the Commissioner could not execute the work due to non-co-operation by the plaintiff. I do not find any error in the order impugned. However, in the nature of the suit, for its proper disposal, it is necessary that a Commissioner and Surveyor be deputed to inspect the property. I am of the opinion that one more oppurtunity could be granted to the plaintiff. In view of the above, I dispose of this original petition directing the learned Munsiff to depute the very same Commissioner and Surveyor to ascertain the matters as have already been directed. The original petition is disposed of accordingly. Sd/- SATHISH NINAN JUDGE ss APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 THE TRUE COPY OF THE PLAINT IN O.S. NO. EXHIBIT P2 THE TRUE COPY OF THE PETITION IN I.A. NO. OF THE MUNSIFFS COURT. KOCHI. EXHIBIT P3 THE TRUE COPY OF THE PROCEEDINGS DATED OF THE ADDITIONAL MUNSIFFS COURT, KOCHI DOWNLOADED THROUGH INTERNET FROM THE WEBSITE OF E- COURTS. EXHIBIT P4 THE TRUE COPY OF THE REPORT DATED 20/7/2017 FILED BY THE ADVOCATE COMMISSIONER IN O.S. NO.478/2014 ON THE FILES OF THE ADDITIONAL EXHIBIT P5 THE TRUE COPY OF THE SECOND INTERIM REPORT

FILED BY THE LEARNED ADVOCATE COMMISSIONER IN O.S. NO. 478/2014 ON THE FILES OF HE ADDITIONAL MUNSIFFS COURT, KOCHI. EXHIBIT P6 THE TRUE COPY OF THE THIRD INTERIM REPORT SUBMITTED BY THE ADVOCATE COMMISSIONER IN O.S. NO. 478/2014 ON THE FILES OF THE LEARNED MUNSIFFS COURT, KOCHI DATED EXHIBIT P7 THE TRUE COPY OF THE FOURTH INTERIM REPORT DATED 16/11/2017 SUBMITTED BY THE LEARNED ADVOCATE COMMISSIONER IN OS. NO. 478/2014 ON THE FILES OF THE LEARNED MUNSIFFS COURT, KOCHI.

EXHIBIT P8 THE TRUE COPY OF THE INTERIM REPORT DATED COMMISSIONER IN O.S. NO. 478/2014 ON THE FILES OF THE MUNSIFFS COURT, KOCHI. EXHIBIT P9 THE TRUE COPY OF THE INTERIM REPORT DATED OF THE ADDITIONAL MUNSIFFS COURT, KOCHI. EXHIBIT P10 THE TRUE COPY OF THE FINAL REPORT FILED BY THE LEARNED ADVOCATE COMMISSIONER IN O.S. NO. 478/2014 ON THE FILES OF THE ADDITIONAL MUNSIFFS COURT KOCHI.

EXHIBIT P11 THE TRUE COPY OF THE PETITION DATED OF THE ADDITIONAL MUNSIFFS COURT, KOCHI. EXHIBIT P12 THE TRUE COPY OF THE ORDER DATED 10/7/2018 IN I.A. NO. 677/2018 IN OS NO. 478/2014 ON THE FILES OF THE ADDITIONAL MUNSIFFS COURT, KOCHI. EXHIBIT P13 THE TRUE COPY OF THE RELEVANT PORTION OF THE B DIARY PROCEEDINGS IN O.S. NO.

Same Court & Year Kerala · 2019 Same Parties Mariam vs ROY Same Judge Honourable Mr. Justice Sathish Ninan