Dismissed

Bharathi Menon v. Talappilly Saraswatjhy Amma

Kerala HC25 Feb 2008CRP/930/2002

Case brief

AI extract

What is this about?

This judgment dismisses Rev. Petitions 930 and 1250 of 2002. It upholds the lower court's view that re-measuring property is unnecessary as it was previously done via survey or documents, and rejects the argument for filing another application for the same already-dismissed relief.

What did the court decide?

The Civil Revision Petitions 930 and 1250 of 2002 were dismissed with no intervention in the lower court orders.

Bharathi Menon Vs Talappilly Saraswatjhy Amma — Property and Title | Kerala HC (2008)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE M.N.KRISHNAN

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MONDAY, THE 25TH FEBRUARY 2008 / 6TH PHALGUNA 1929

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CRP.No. 930 of 2002(D)

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--------------------------------

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I.A. NO.4792/1995 IN OS. NO.822/1991 OF IIND ADDL. SUB COURT, THRISSUR.

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REVN. PETITIONER: PETITIONER/PLAINTIFF

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------------------------------

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BHARATHI MENON D/O. NALINI AMMA, KOCHATTIL HOUSE,CHERPU VILLAGE,PERUVANAM DESOM, THRISSUR DISTRICT.

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BY ADV. SRI.T.N.MANOJ

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RESPONDENTS: RESPONDENTS 2 TO 3 / DEFENDANTS:LEGAL HEIRS OF ---------------------DECEASED 1ST DEFENDANT

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1. TALAPPILLY SARASWATHY AMMA,

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W/O.GOVINDANKUTTY MENON THALAPPILLY HOUSE,

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KARAPPURATH HOUSE, PERUVANAM DESOM,THRISSUR TALUK.

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2. GEETHA, D/O. TALAPPILLY SARASWATHY AMMA,

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DO. DO.

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3. MUTHULAKSHMI AMMA,W/O.P.N.RAMAYYAN, SANTHI NIVAS,PADINJATTU MURI,CHERPU WEST,

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THRISSUR DIST. (DELETED)

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4. RAJI @ RAJESWARI,D/O.GOVINDANKUTTY MENON KARAPPURATH HOUSE, URAKAM VILLAGE, THRISSUR

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W/O.RAMAKRISHNAN, KUNDUVARA HOUSE,CHEMBUKKAVU, THRISSUR.

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5. SURESH S/O.GOVINDANKUTTY MENON,

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KARAPPURATH HOUSE, URAKAM VILLAGE,THRISSUR.

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*** R3 . MUTHULAKSHMI AMMA, W/O. P.N./ RAMAYYAN SANTHI, NIVAS, PADIYATHU MURI CHERPU WEST, THRISSUR DIST. IS DELETED FROM THE PARTY ARRAY AS PER ORDER DT. 25.10.02 IN CMP. 5531/2002.**

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BY ADV. SRI.H.SIVARAMAN

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THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 25/02/2008, ALONG WITH CRP. NO.1250/2002 THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CRP. NO.930/2002

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ORDER ON CMP. NO.2424/2002 IN CRP. 930/2002

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DISMISSED

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25.02.2008 SD/- M.N.KRISHNAN, JUDGE

/ TRUE COPY/

P.A. TO JUDGE

tss

M.N.KRISHNAN, J.

C.R.P.Nos.930 & 1250 OF 2002

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Dated this the 25^th day of February, 2008

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J U D G M E N T

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~~~~~~~~~~~

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C.R.P.No.930/2002 is preferred against the order in I.A.No.4792/1995 and C.R.P.No.1250/2002 is preferred against the order in I.A.No.4487/1998 in O.S.No.822/199191 of the II Additional Subordinate Judge, Thrissur. The order in IA.No.4792/1995 in O.S.No.822/1991 was disposed of by the court below on the ground that the properties were already measured on the basis of survey records and also on the basis of documents. The court held that in I.A.No.5145/1993 the properties were measured on the basis of survey records and in I.A.No. 549/1989 in O.S.No.561/1984 the properties were measured on the basis of documents. Therefore, the court felt that it is not necessary to measure the property again on the basis of document. If it is already measured, even though in a different suit, those document can be relied upon and by any chance it cannot be proved in evidence, then at that stage the party may file an appropriate application for measurement of the property. Otherwise it is not necessary. With that

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C.R.P.Nos.930 & 1250/2002

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observation the civil revision petition 930/2002 is dismissed.

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So far as civil revision petition 1250/2002 is concerned, the court dismissed on the ground that there was another application filed for the very same relief as I.A.No.4792/1995 and it has been dismissed. So it was held that for the same relief another interim application cannot be filed. The said finding of the learned Subordinate Judge is correct and the order does not call for any interference in this case also.

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Therefore C.R.P.1250/2002 is also dismissed.

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(M.N.KRISHNAN, JUDGE)

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Bharathi Menon v. Talappilly Saraswatjhy Amma

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Bharathi Menon v. Talappilly Saraswatjhy Amma

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