Allowed

Balachandran Nair v. Bhageerathy Amma

Kerala HC1 Feb 2016OP(C)/2254/2015

Case brief

AI extract

What is this about?

This Original Civil Petition challenged an order by a Munsiff Court closing a commission application because the report was not filed within the period fixed by the superior court. The High Court held the closure order illegal and set it aside.

What did the court decide?

Ext.P5 order is set aside. The learned Munsiff is directed to instruct the Commissioner to file the report before 01.06.2016.

Balachandran Nair Vs Bhageerathy Amma — Property and Title | Kerala HC (2016)

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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.ABRAHAM MATHEW

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MONDAY, THE 1ST DAY OF FEBRUARY 2016/12TH MAGHA, 1937

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OP(C).No. 2254 of 2015 (O)

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I.A.NO.2709/2012 IN O.S.NO.810/2011 OF THE ADDITIONAL MUNSIFF COURT, ALAPPUZHA

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PETITIONER(S)/PLAINTIFF :

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BALACHANDRAN NAIR, AGED 65 YEARS, SON OF SANKARAN NAIR, THAYYIL VEETTIL, MANNANCHERRY VILLAGE, NOW AT HRUDAYA, THATTAMPALLY P.O., ALAPPUZHA 688 013.

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BY ADVS.SRI.P.B.SAHASRANAMAN

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SRI.T.S.HARIKUMAR SRI.K.JAGADEESH

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RESPONDENT(S)/DEFENDANTS :

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1. BHAGEERATHY AMMA, AGED 80 YEARS, W/O.LATE NARAYANANN NAIR, THAYYILCHIRAYIL, MANNAMCHERRY VILLAGE, AMBALAPUZHA TALUK, ALAPPUZHA 688 538.

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2. BALAGOPAL, AGED 45 YEARS, SON OF LATE NARAYANANN NAIR, THAYYILCHIRAYIL, MANNAMCHERRY VILLAGE, AMBALAPUZHA TALUK, ALAPPUZHA 688 538.

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BY ADVS. SRI.S.SANAL KUMAR

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SRI.M.T.SURESHKUMAR SMT.T.J.SEEMA SMT.BHAVANA VELAYUDHAN SMT.SMITHA PHILIPOSE

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THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 01-02-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Msd.

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OP(C).No. 2254 of 2015 (O)

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APPENDIX

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PETITIONER(S)' EXHIBITS :

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P1: TRUE PHOTOSTAT COPY OF THE REPORT OF ADVOCATE COMMISSIONER, DATED 8TH DECEMBER, 2011.

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P2: TRUE PHOTOSTAT COPY OF THE AFFIDAVIT AND THE PETITION I.A.NO.2709/2011 IN O.S.NO.810/2011 OF MUNISIFF'S COURT, ALAPPUZHA, DATED 28TH SEPTEMBER, 2012.

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P3: TRUE PHOTOSTAT COPY OF THE ORDER IN I.A.NO.2709/2011 IN O.A.NO.810/2011 OF THE MUNSIFF'S COURT, ALAPPUZHA 19TH JUNE, 2014.

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P4: TRUE PHOTOCOPY OF THE JUDGMENT IN O.P(C).NO.1490/2014, DATED 11.12.2014 OF THIS HONOURABLE COURT.

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P5: TRUE PHOTOCOPY OF THE ORDER IN I.A.NO.2709/2011 IN O.S.NO.810/2011 OF THE ADDITIONAL MUNSIFF'S COURT, ALAPPUZHA, 16TH JULY, 2015.

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RESPONDENT(S)' EXHIBITS :

NIL

//TRUE COPY//

P.A.TO JUDGE.

Msd.

K.ABRAHAM MATHEW, J.

=======================

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O.P.(C) No.2254 of 2015

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============================

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Dated this the 1^st day of February, 2016

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JUDGMENT

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Petitioner is the plaintiff in O.S No.810 of 2011 of Munsiff Court, Alappuzha. A Commissioner was deputed for local inspection and measurement of the properties. By Ext.P4 judgment this Court directed that the Commissioner shall file his report within a period of four months. The Commissioner could not file the report within four months. The learned Munsiff by Ext.P5 order closed the commission application. This is challenged.

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Heard.

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The order closing the commission application is illegal. The learned Munsiff should have informed this Court about the delay in filing the commission report and seek for further time. The order is liable to be set aside.

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In the result, this original petition is allowed. Ext.P5 order is set aside. The learned Munsiff is directed to instruct the Commissioner to file the report before 01.06.2016.

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Sd/-

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K.ABRAHAM MATHEW , JUDGE

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vdv/02/02/16

Balachandran Nair v. Bhageerathy Amma

Case brief

What is this about?

What did the court decide?

Balachandran Nair v. Bhageerathy Amma

Case brief

What is this about?

What did the court decide?

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