Paily v. Devassy
Case brief
What is this about?
Original Petition challenging Munsiff Court order allowing amendment of counter-claim. Court held trial court to decide inconsistency between title and easement pleas; no order passed in OP, case closed for hearing.
What did the court decide?
No order passed in the Original Petition. It is closed.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 4TH JULY 2011 / 13TH ASHADHA 1933 OP(C).No. 662 of 2011(O) -----------------------OS.331/2007 of MUNSIFF COURT, CHALAKUDY .................... PETITIONER/RESPONDENT/PLAINTIFF:
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PAILY, S/O. POTTAKKA OUSEPH, AGED 80 YEARS, RESIDING AT POTTAKKA HOUSE, MURINGOOR VILLAGE/DESOM, MUKUNDAPURAM TALUK - 691 585, THRISSUR DISTRICT, REPRESENTED BY POWER OF ATTORNEY HOLDER STEPHEN P.P., S/O. PAILY, POTTAKKA HOUSE.
BY SRI.V.CHITAMBARESH, SENIOR ADVOCATE, BY ADV. SRI.M.HARISHARMA.
RESPONDENT(S): PETITIONER/DEFENDANT:
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DEVASSY, S/O. POTTAKKA OUSEPH, AGED 71 YEARS, RESIDING AT POTTAKKA HOUSE, PARAPPOOKKARA VILLAGE/DESOM, MUKUNDAPURAM TALUK, THRISSUR DISTRICT.
BY ADVS. SRI.RENJITH THAMPAN, SRI.A.S.RADHAKRISHNAN NAIR.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 04/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Issues for consideration
3 issues framed by the court
Whether the challenge to the learned Munsiff’s order allowing amendment of counter-claim warrants interference in Original Petition.
Whether plea of title and claim of easement by way of necessity can run together.
Whether it is necessary to pass an order dismissing the original petition while reserving contentions for trial.
Parties & counsel
- petitioner
PAILY, S/O. POTTAKKA OUSEPH
- respondent
DEVASSY, S/O. POTTAKKA OUSEPH
Coram
THOMAS P.JOSEPH
Case details
As recorded by the court registry
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