Kuttappan v. Sivani
Case brief
What is this about?
The High Court quashed two lower court orders in a boundary fixation suit, holding the lower court erred in disregarding a finalized resurvey report without considering relevant statutory provisions.
What did the court decide?
Exts. P6 and P9 orders quashed; lower court to dispose of suit hearing both parties on identity of properties per commission report and Kerala Survey and Boundaries Act, 1961.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR
MONDAY, THE 9TH JUNE 2008 / 19TH JYAISHTA 1930
WP(C).No. 9652 of 2008(Y)
------------------------AGAINST THE ORDER DATED IN IA 669/2008 IN OS.451/2003 OF PRINCIPAL MUNSIFF COURT, ALAPPUZHA
PETITIONER:
KUTTAPPAN, S/O.GOVINDAN, RESIDING AT AIKKARAPARAMBIL, WARD NO.14 MANNANCHERRY GRAMA PANCHAYAT NORTH ARYAD MURI, KOMALAPURAM VILLAGE.
BY ADV. SRI.K.V.SADANANDA PRABHU
RESPONDENTS: -------------
- SIVANI, D/O.KALYANI, RESIDING AT CHOOLAKKADAVIL, WARD NO.14 MANNANCHERRY GRAMA PANCHAYAT, NORTH ARYAD MURI KOMALAPURAM VILLAGE.
Issues for consideration
2 issues framed by the court
Whether the lower court committed error in quashing the commission report and directing re-measurement without considering the finality of resurvey under the Kerala Survey and Boundaries Act.
Whether the order quashing the commission report was passed without hearing counsel on the question of identifying properties based on old survey plans.
Parties & counsel
- petitioner
KUTTAPPAN
- respondent
SIVANI
- respondent
MADHU
Coram
Case details
As recorded by the court registry
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