The High Court of Kerala dismissed the original petition challenging the dismissal of an application to appoint a surveyor to demarcate property boundaries. The court held the suit was an injunction simplicitor with ulterior motive as the petitioner was the school manager.
The original petition challenging the order remitting the application is dismissed.
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 B.SUDHEENDRA KUMAR
WEDNESDAY, THE 20TH DAY OF NOVEMBER 2019 / 29TH KARTHIKA, 1941
OP(C).No.2089 OF 2019
AGAINST THE ORDER/JUDGMENT IN OS 59/2018 OF MUNSIFF MAGISTRATE COURT,PONNANI
PETITIONER/S/PETITIONER/PLAINTIFF:
MURALIDHAR K NAIR
AGED 49 YEARS, S/O. KUMARAN KRISHNAN NAIR, EASWARAMANGALAM P.O, MALAPPURAM DT 679 577 NOW
RESIDING AT PRAMUKH VIHAR, PHASE V, BLDG. N, ROOM NO. 402, NAROLI ROAD, SILVASA 369230, UNION TERRITORY OF DADA AND NAGAR HAVELI.
BY ADV. SRI.SHOBY K.FRANCIS
RESPONDENT/S/RESPONDENTS/DEFENDANTS:
1 ABOOBACKAR K V
S/O. ABDULLA, KUNNATHUVALAPPIL HOUSE, EASWARAMANGALAM P.O, MALAPPURAM DT PIN 679 577
S/O. MUHAMMED, PUTHUPARAMBIL HOUSE, EASWARAMANGALAM P.O, MALAPPURAM DT. PIN 679 577
3 ABDULREHMAN N,
S/O. KUNJIMUHAMMED, NALAKATH HOUSE, EASWARAMANGALAM P.O, MALAPPURAM DT. PIN 679 577
R1-5 BY ADV. SRI.A.JANI(KOLLAM) R1-5 BY ADV. SRI.G.SIVASANKAR
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 20.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C).No.2089 OF 2019
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JUDGMENT
Ext.P5 order is under challenge in this original
petition. The petitioner is the plaintiff in O.S.No.59/2018 on the files of the Munsiffs Court, Ponnani. The petitioner filed I.A.No.1076/2018 praying for remitting the Commission Report and appointing an Advocate Commissioner to inspect the property with the assistance of a surveyor. The court below as per Ext.P5 order dismissed the said application, against which this original petition has been filed.
OP(C).No.2089 OF 2019
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permanent prohibitory injunction restraining the
defendants, who are the respondents herein from trespassing into the plaint schedule property or interfering with the peaceful possession and enjoyment of the plaint schedule property by the petitioner after constructing the compound wall or installing banners or flex boards in the plaint schedule property.
OP(C).No.2089 OF 2019
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I.A.No.1076/2018, praying for appointing a surveyor to
assist the Advocate Commissioner for identifying the plaint schedule property.
Commissioner has clearly reported that there is compound wall on all the three sides of the property.
On the western side of the property, there is no compound wall. The respondents have contended that they have no objection in constructing the compound wall on the western side of the plaint schedule property in order to protect the property.
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Ext.P3 is the compound wall on the southern side and the portion marked as “A, B” in Ext.P3 is the compound
wall on the northern side of the plaint schedule property. It appears from Ext.P3 report and plan that on the western side of the property there is a canal and on the further west, there is a public road. On the western side of the said road is river Bharathapuzha.
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OP(C).No.2089 OF 2019
on the western side of the plaint schedule property. The petitioner wants to measure and fix four boundaries as per document No. 2410/2016 of Ponnani SRO and to demarcate the property from the school concerned.
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with Ext.P5 order. No material has been brought to the
notice of this Court to indicate that Ext.P5 order suffers
from any illegality or incorrectness, warranting interference by this Court.
In the result, this original petition stands
dismissed.
Sd/-
B.SUDHEENDRA KUMAR
JUDGE
RK/20.11.2019
OP(C).No.2089 OF 2019
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE JUDGMENT IN WPC NO. 6206/2018 DATED 23-2-2018
EXHIBIT P2 TRUE COPY OF THE PLAINT IN OS NO. 59/2018 DATED 15-03-2018 FILED BEFORE THE MUNSIFF COURT, PONNANI
EXHIBIT P3 TRUE COPY OF THE COMMISSION REPORT DATED 25-05-2018 IN IA NO. 358/2018 IN OS NO. 59/2018
EXHIBIT P4 TRUE COPY OF THE COMMISSION APPLICATION IA NO. 1076/2018 IN IA NO. 358/2018 IN OS NO. 59/2018 DATED 25-09-2018
EXHIBIT P5 TRUE COPY OF THE ORDER DATED 12-06-2019 IN IA NO. 1076/2018 IN IA NO. 358/2018 IN OS NO. 59/2018 OF MUNSIFF COURT,
PONNANI
RESPONDENT'S/S EXHIBITS:NIL
2 issues framed by the court
Whether the High Court should interfere with the court below's order dismissing the application to appoint a surveyor for vendor boundary purposes.
Whether the petitioner's suit filed by the school manager indicates an ulterior motive warranting refusal of relief.
MURALIDHAR K NAIR
ABOOBACKAR K V
B.SUDHEENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
