This contempt proceedings were dropped without prejudice to the rights of the parties regarding the difficulty in identifying the remaining land extent.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE K.M.JOSEPH
TUESDAY, THE 23RD NOVEMBER 2010 / 2ND AGRAHAYANA 1932 Con.Case(C).No. 422 of 2010(S) -----------------------------AGAINST THE JUDGEMENT IN WPC.7740/2009 ....................
PETITIONER(S):
MRS.USHASREE K.R., WIFE OF B.MOHANACHANDRAN NAIR, RESIDING AT HARISREE, KOCHUPILAMOODU, KOLLAM.
BY ADV. SMT.SHAHNA KARTHIKEYAN
RESPONDENT(S):
R1 & R2 BY ADV. SHRI S. EASWARAN.
R3 BY GOVERNMENT PLEADER SHRI T. K. VIPINDAS.
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 23/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K.M. JOSEPH, J.
----------------------------------------C.C.(C).NO. 422 OF 2010 S IN W.P.(C).NO.7740 OF 2009 J
-----------------------------------------Dated this the 23rd November, 2010 .
JUDGMENT
Contempt is alleged in this case against the respondents for deliberate failure to comply with the directions in Annexure A Judgment. This Court had directed the first respondent to complete the registration in respect of 291.855 cents in the manner provided by law. Respondents 1 to 3 were further directed to expedite the
process of identifying the balance extent out of 3.20 Acres.
the third respondent. An Affidavit is filed on behalf of the third respondent. Therein, it is, inter alia, stated as follows:
“With the old sketch of the land obtained from the Central Survey Office, Thiruvananthapuram, the
C.C.(C).NO.422/2010 S 2
Taluk Surveyors succeeded in identifying the land which has to be handed over to the plaintiff by the Indian Bank as per the deal. But, as per the Resurvey records, that extent of land is in the possession of the neighbouring land owned by the S.N.D.P. Sakha Yogam and the same has well defined boundary with compound walls constructed about 25 years ago, where Sree Krishna Swamy temple is situated. A copy of the report of the Head Surveyor, Taluk Office, Kollam is produced and marked as Annexure A.”
kbk.
//True copy// PS to Judge
C.C.(C).NO.422/2010 S 3
MRS. USHASREE K.R.
G. RAJEEVAN PILLAY
VISWANATHAN
K.M. JOSEPH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
