High Court of KeralaOP(C)/418/2015disposed of

P.S.Suresh v. Abraham

2015-10-09Honourable Mr. Justice K.Abraham Mathew4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW FRIDAY, THE 9TH DAY OF OCTOBER 2015/17TH ASWINA, 1937 OP(C).No. 418 of 2015 (O) -------------------------- AGAINST EXT-P9 ORDER IN IA NO. 973/2014 IN OS NO. 285/1995 OF SUB COURT, CHERTHALA -------------- PETITIONER :

--------------------- P.S.SURESH S/O. LATE SURENDRAN, AGED 47 YEARS, KALARIKKATHARA HOUSE VAYALAR EAST VILLAGE, PATTANAKKADU P.O., CHERTHALA.

BY ADVS.SRI.K.S.HARIHARAPUTHRAN SRI.GEORGE MATHEW SRI.SUNIL KUMAR A.G.

RESPONDENT :

------------------------ ABRAHAM S/O. JOSEPH, NEYYARAPPALLY VEETTIL CHERTHALA NORTH MURI, CHERTHALA TALUK-688 524.

BY SENIOR ADVOCATE SRI.P.SANTHALINGAM BY ADV. SRI.S.SHARAN THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 09-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Mn ...2/-

OP(C).No. 418 of 2015 (O) ------------------------------------- APPENDIX PETITIONERS' EXHIBITS :

------------------------------------- EXHIBIT-P1TRUE COPY OF PLAINT IN O.S. NO. 285/1995 ON THE FILE OF SUB COURT ( DATED 01/11/1995), CHERTHALA.

EXHIBIT-P2TRUE COPY OF WRITTEN STATEMENT IN O.S. NO. 285/1995 DATED 24/7/1996.

EXHIBIT-P3TRUE COPY OF GIFT DEED NO. 1703 DATED 21/05/1952 OF SUB REGISTRY OFFICE, CERTHALA.

EXHIBIT-P4TRUE COPY OF I.A 1010/2001 IN O.S 285/1995 DATED 05/09/2001. EXHIBIT-P5TRUE COPY OF APPLICATION IN I.A 427/2014 IN O.S 285/1995. EXHIBIT-P6TRUE COPY OF OBJECTION TO EXHIBIT-P5. EXHIBIT-P7TRUE COPY OF I.A. NO. 973/2014 IN O.S 285/1995. EXHIBIT-P8TRUE COPY OF THE OBJECTION TO EXHIBIT-P7 APPLICATION. EXHIBIT-P9TRUE COPY OF ORDER IN I.A 973/2014 IN O.S. NO.285/1995 DATED 18/12/2014 OF SUB COURT, CHERTHALA.

RESPONDENT(S)' EXHIBITS : NIL ------------------------------------------------------------- //TRUE COPY// P.A. TO JUDGE Mn

K. ABRAHAM MATHEW, J.

- - - - - - - - - - - - - - - - - - - - - - - O.P.(C).No.418 OF 2015 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of October, 2015

J U D G M E N T

Petitioner is the 8th defendant in O.S.No.285 of 1995 on the file of Sub Judge, Cherthala. The suit is for declaration of title, recovery of possession and other reliefs. The learned Sub Judge allowed Ext.P7 commission application filed by the plaintiff/respondent. This is challenged.

Heard.

There is no dispute that to ascertain the identity of the property, the property has to be measured on the basis of survey plan and the title deeds. The present commission application is the second one. In this second application one of the prayers is to measure the property on the basis of the description in document No.3079/1124 M.E. The learned counsel for the petitioner submits that it is beyond the scope of the suit. On the other hand, the contention of the respondent/plaintiff is that it is the property covered by the said document he obtained from

O.P.(C).No.418 OF 2015 his father. There is an allegation that the survey number noted in the title deed of the respondent/plaintiff is wrong. If that is true, the property has to be identified on the basis of the document No.3079/1124 M.E also. I think that is necessary to settle the dispute between the parties once and for all. So it cannot be said that the learned Sub Judge was wrong in allowing Ext.P7 application.

In the result, this O.P is dismissed and the learned Sub Judge is directed to expedite dispose of the case. sd/- K. ABRAHAM MATHEW JUDGE R.AV //True Copy// PA to Judge