Disposed

Viji Roy v. Narendranath

Kerala HC1 Dec 2008WP(C)/32814/2008

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a writ petition challenging an appellate court order dismissing an application for survey commission. The court directed the petitioner to amend the plaint and file an amendment application before the first appellate court for issuance of the commission.

What did the court decide?

The writ petition was disposed of with directions to file an amendment application before the first appellate court after amending the plaint.

Viji Roy Vs Narendranath — 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 K.P.BALACHANDRAN

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MONDAY, THE 1ST DECEMBER 2008 / 10TH AGRAHAYANA 1930

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WP(C).No. 32814 of 2008(F)

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-------------------------AGAINST THE ORDER DATED 17/9/2008 IN IA 3223/2008 IN AS.46/2008 of DISTRICT COURT, ERNAKULAM

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PETITIONER:

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SMT. VIJI ROY, W/O. ROY, AGED 37, PUNNAKUZHIYIL HOUSE, VETTIKKAL, TIRUVANIYUR VILLAGE, KUNNATHUNADU TALUK.

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BY ADV. SRI.T.B.THANKAPPAN

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SRI.P.V.ALIAS

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SRI.T.T.HARIKUMAR SMT.C.C.JANCY

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RESPONDENTS:

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SRI. NARENDRANATH, SON OF LATE NARAYANA SWAMI, AGED 43, VETTATHUPARAMBIL HOUSE, VETTICKAL P.O., KANAYANNUR VILLAGE, KANAYANNUR TALUK.

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MATHEW OUGEN , SON OF MATHEW, AGED' 46, KURIYIKATTIL HOUSE, MULANTHURUTHY P.O., MULANTHURUTHY VILLAGE, KANAYANNUR TALUK.

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ADV. SRI.SUNU P.JOHN FOR R1

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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APPENDIX

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PETITIONER'S EXTS:

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EXT.P1: TRUE COPY OF THE JUDGMENT IN O.S.248/2007 ON THE FILE OF THE MUNSIFF'S COURT, ERNAKULAM

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EXT.P2: -DO- OF THE ORDER DT. 17.9.2008 IN I.A. 3223/2008 IN A.S.46/2008 ON THE FILE OF THE DISTRICT COURT, ERNAKULAM

/TRUE COPY/

P.A. TO JUDGE

K.P. BALACHANDRAN, J.

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W.P(C) No. 32814 OF 2008-F

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Dated this the 1^st December, 2008.

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JUDGMENT

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The petitioner who is the plaintiff/appellant in A.S.46/2008 before the Ist Appellate Court filed I.A.3223/2008 therein for issuance of a commission to survey the scheduled property and to demarcate its boundaries. The appellate court dismissed the said application vide Ext.P2 order. This writ petition is filed assailing the said order.

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The suit instituted is only for injunction and in a suit for injunction there is no purpose in issuing a commission to survey the property and demarcate its boundaries. Counsel for the petitioner submits that he would like to amend the plaint. He may move for issuance of commission for survey of the property after amending the plaint incorporating necessary prayers. If an amendment application is filed before the Ist appellate court, the appellate court

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WPC 32814/2008 2 shall consider and pass appropriate orders thereon. This writ petition is disposed of with the above directions.

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K.P.BALACHANDRAN JUDGE

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Viji Roy v. Narendranath

Case brief

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Viji Roy v. Narendranath

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