Vilasini v. Unni
Case brief
What is this about?
The High Court set aside the lower court order directing a Village Officer to assist the amin. It held that a qualified surveyor must assist the amin to identify the property per the decree plan before effecting delivery to remove structures appropriately.
What did the court decide?
Lower court to appoint a surveyor instead of a Village Officer to assist the amin, fix baita, and dispose expeditiously.
What the court decided
A compact analysis
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 P.SOMARAJAN
THURSDAY, THE 16TH DAY OF MARCH 2017/25TH PHALGUNA, 1938
OP(C).No. 129 of 2015 (O)
AGAINST THE ORDER DATED 28.11.2014 IN E.P.NO.241/2013 IN O.S.NO.45/2010 OF THE MUNSIFF'S COURT, WADAKANCHERY.
PETITIONERS/RESPONDENTS/JUDGMENT DEBTORS:
- VILASINI, W/O.KANDAKUNALGRAVEETIL APPUKUTTAN, AKATHIYOOR VILLAGE AND DESOM, TALAPPILLY TALUK.
- APPUKUTTAN KANDAKUNALGRAVEETIL APPUKUTTAN, AKATHIYOOR VILLAGE AND DESOM, TALAPPILLY TALUK.
BY ADV. SRI.RAJIT
RESPONDENT/PETITIONER/DECREE HOLDER:
UNNI, S/O.CHENNAN, KUTTANKULANGARA HOUSE, AKATHIYOOR VILLAGE AND DESOM, TALAPPILLY TALUK.
Issues for consideration
3 issues framed by the court
Whether an amin appointed for effecting delivery can identify the property without the assistance of a qualified surveyor when the decree requires removal of structures.
Whether the lower court direction to appoint a Village Officer was appropriate or should it be a qualified surveyor to assist the amin for delivery.
Whether the second execution petition challenging the earlier closure due to lack of effective delivery is maintainable.
Parties & counsel
- appellant
Vilasi ni W/o Kandakunalgraveetil Appukuttan Akathiyoor Village and Desom Talappilly Taluk
- appellant
Appukuttan Kandakunalgraveetil Appukuttan
- respondent
Unni S/o Chennan
Coram
Case details
As recorded by the court registry
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