Disposed

Krishnakumari v. Ananda Krishnan Embrandhiri

Kerala HC10 Sept 2012OP(C)/2903/2012

Case brief

AI extract

What is this about?

Petitioners challenged an order allowing amendment of a counter-claim in a suit for declaration and mandatory injunction. The High Court directed the lower court to consider the petitioners' application to set aside the Advocate Commissioner's report independently.

What did the court decide?

Directed lower court to consider application to set aside Advocate Commissioner's report on merits after hearing all parties.

Krishnakumari Vs Ananda Krishnan Embrandhiri — Property and Title | Kerala HC (2012)

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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 V.CHITAMBARESH

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MONDAY, THE 10TH DAY OF SEPTEMBER 2012/19TH BHADRA 1934

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OP(C).No. 2903 of 2012 (O)

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OS.1090/2009 of I ADDL.MUNSIFF COURT, ERNAKULAM

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PETITIONER(S)/PLAINTIFFS:-:

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KRISHNAKUMARI,, W/O.LATE CHANDRASEKHARAN, RESIDING AT MARATH MADOM POOTHOTTA.

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DHANYA,

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W/O.ANIL KUMAR, KALAPPURAKKAL HOUSE, PERUMBAVOOR.

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DIVYA,

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W/O.RAJESH, AYYAPPA NIVAS, EROOR TRIPUNITHURA.

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DEEPA,

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D/O.LATE CHANDRASEKHARAN, RESIDING AT MATATH MADOM POOTHOTTA.

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BY ADVS.SRI.M.P.KRISHNAN NAIR

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SRI.V.B.NARAYANAN

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RESPONDENT(S)/DEFENDANTS:-:

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ANANDA KRISHNAN EMBRANDHIRI, S/O.LATE NARAYANAN EMBRANDHIRI, MARATH MADOM POOTHOTTA - 682 307.

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THANKAMMA,

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W/O.ANANDA KRISHNAN EMBRANDHIRI, MARATH MADOM POOTHOTTA - 682 307.

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HARIDAS,

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S/O.ANANDA KRISHNAN EMBRANDHIRI, MARATH MADOM POOTHOTTA - 682 307.

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 10-09-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP(C) NO. 2903/2012

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APPENDIX

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PETITIONER(S) EXHIBITS

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EXHIBIT P1. TRUE COPY OF COMMISSION REPORT DATED 14.07.2010 AND SKETCH.

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EXHIBIT P2. TRUE COPY OF THE AMENDMENT APPLICATION.

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EXHIBIT P3. TRUE COPY OF THE OBJECTION TO THE ANNEXURE A-1 REPORT.

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EXHIBIT P4. TRUE COPY OF THE APPLICATION I.A.NO.8230/11 TO SET ASIDE THE COMMISSION REPORT.

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EXHIBIT P5. TRUE COPY OF THE OBJECTION TO AMENDMENT APPLICATION.

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EXHIBIT P6. TRUE COPY OF THE ORDER DATED 04.07.2012 IN IA NO.6858/10 IN OS NO.1090/09 OF THE MUNSIFF COURT, ERNAKULAM.

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RESPONDENTS' EXHIBITS: NIL

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/TRUE COPY/

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P.A. TO JUDGE.

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V. CHITAMBARESH, J

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OP(C) NO. 2903 OF 2012

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Dated this the 10^th day of September, 2012

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JUDGMENT

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The court below has by the order impugned allowed amendment of the counter claim raised by the defendants in a suit for declaration and mandatory injunction. The amendment was sought to incorporate an additional prayer for recovery of possession based on the report and sketch of the Advocate Commissioner. The contention of the petitioners/ plaintiffs is that the application filed by them to set aside the report and sketch of the Advocate Commissioner should have been considered well before the application for amendment of the counter claim was considered.

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The fact that the report and sketch of the Advocate Commissioner has been severely objected to by the plaintiffs is not a reason for not considering the application for amendment. The application filed by the petitioners to set aside the report and sketch of the Advocate Commissioner would be dealt with in accordance with law.

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OP(C) No. 2903/2012

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I direct the court of the Munsiff of Ernakulam to consider I.A. No. 8230/2011 in O.S. No. 1090/2009 on merits untrammeled by anything said in the order in I.A. No. 6858/2010 after hearing all the parties concerned.

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The Original Petition is disposed of.

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V. CHITAMBARESH JUDGE

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ncd

Krishnakumari v. Ananda Krishnan Embrandhiri

Case brief

What is this about?

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Krishnakumari v. Ananda Krishnan Embrandhiri

Case brief

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