P.C.Muralidharan v. Chandrika

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW FRIDAY, THE 18TH DAY OF DECEMBER 2015/27TH AGRAHAYANA, 1937 OP(C).No. 3111 of 2015 (O) ------------------------------------- OS 1961/2012 OF IIND ADDITIONAL SUB COURT,THRISSUR ------------------ PETITIONER(S)/DEFENDANT:

------------------------------------------ P.C.MURALEEDHARAN, AGED 45, BUSINESS, S/O.PURAYIDATHU KALATHIL KUTTISANKARA MENON, RESIDING AT AMBILIKALA, VIII/402, MISSION QUARTERS, CHEMBUKKAVU VILLAGE, EAST FORT, THRISSUR.

BY ADVS.SRI.ARUN KUMAR.P SMT.AMBIKA RADHAKRISHNAN RESPONDENT(S)/DEFENDANTS:

---------------------------------------------- 1.

CHANDRIKA, AGED 70 YEARS, W/O.LATE GOPALAKRISHNAN, T.C.VI/245, CHATHAKUDATH HOUSE, EAST PAADUKAD DESOM, VIYYUR VILLAGE, THRISSUR-680010.

2.

SAILESH, AGED 47 YEARS, S/O.LATE GOPALAKRISHNAN, T.C.VI/245, CHATHAKUDATH HOUSE, EAST PAADUKAD DESOM, VIYYUR VILLAGE, THRISSUR-680010. THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 18-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PJ

OP(C).No. 3111 of 2015 (O) ------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P-1:

TRUE COPY OF THE PLAINT IN OS.1961/12 ON THE FILE OF 2ND ADDL.SUB COURT THRISSUR.

EXT.P2:

REPORT OF THE ADVOCATE COMMISSIONER DATED 17/11/12 IN IA.9834/12 IN OS.1961/12 ON THE FILE OF 2ND ADDL.SUB COURT THRISSUR EXT.P3:

TRUE COPY OF THE COUNTER FILED BY THE PETITIONER IN IA.9833/12 IN OS.1961/12 EXT.P4:

TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE PETITIONER/DEFENDANT IN OS.1961/12 EXT.P5:

TRUE COPY OF THE PETITION FILED BY RESPONDENTS IN IA.4681/15 IN EXT.P1 SUIT TO APPOINT AN ADVOCATE COMMISSIONER ASSISTED BY A TALUK SURVEYOR TO MEASURE AND DEMARCATE BOUNDARIES OF PLAINT A SCHEDULE PROPERTY.

RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

K.ABRAHAM MATHEW J.

-------------------------------------------------------- O.P.(C)No.3111 of 2015 -------------------------------------------------------- Dated this the 18th day of December, 2015

JUDGMENT

Petitioner is the defendant in O.S.No.1961 of 2012 of II Additional Sub Court, Thrissur. The respondents have filed the suit for fixation of boundary. It is submitted that the petitioner has filed Ext P4 written statement stating that he has no objection to the court fixing the boundaries. But the suit has not been disposed of.

2. Heard the learned counsel for the petitioner.

3. His request is that the trial court may be directed to dispose of the suit without delay is reasonable. But measurement of the property will be necessary. The court has already appointed a commissioner. There is no impediment to dispose of the suit immediately after getting the report.

In the result, this Original Petition is disposed of with a direction to the trial court to dispose of the suit before 30.6.2016. Sd/- K.ABRAHAM MATHEW JUDGE cms /True copy/ P.S.to Judge