P.N.Joy v. Mythily
Case brief
What is this about?
The High Court allowed the first appeal, decreeing the suit for fixation of boundaries and recovery of possession. It held that the trial erred in dismissing the suit solely because the respondents' property was not scheduled earlier, since it was subsequently identified in the survey report.
What did the court decide?
Boundaries were fixed on the north and west; possession of B schedule items 1 and 2 was recovered; unauthorised structures were to be dismantled; and a permanent prohibitory injunction was granted.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT
THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR
FRIDAY, THE 06TH DAY OF NOVEMBER 2020 / 15TH KARTHIKA, 1942
RFA.No.332 OF 2014
AGAINST THE JUDGMENT AND DECREE DATED 20-01-2014 IN O.S.NO. 157/2010 OF PRINCIPAL SUB COURT,ERNAKULAM
NAME AND ADDRESS OF THE APPELLANT/PLAINTIFF:
P.N.JOY, AGED 67, S/O.LATE NARAYANAN, PORUVELIL HOUSE, CHITTOOR ROAD, NORTH OF CEMETERY, KOCHI 18.
BY ADVS.SRI.A.BALAGOPALAN SRI.M.N.MANMADAN SRI.A.RAJAGOPALAN
NAME AND ADDRESS OF THE RESPONDENTS/ DEFENDANTS:
1 MYTHILY, AGED ABOUT 79 YEARS, W/O.LATE RAMAN, PORUVELIPPARAMBIL HOUSE, CHITTOOR ROAD, NORTH OF CEMETERY, KOCHI 18.
2 P.R.BABU, AGED ABOUT 56 YEARS, S/O.LATE RAMAN, PORUVELIPPARAMBIL HOUSE, CHITTOOR ROAD, NORTH OF CEMETERY, KOCHI 18.
Issues for consideration
3 issues framed by the court
Whether a decree for fixation of boundaries can be granted when the adjacent respondents' property was not originally scheduled in the plaint but was later identified.
Whether the dismissal of a prior suit on similar reliefs bars the maintainability of the present suit.
Whether the suit can be decreed despite the respondents' failure to file an additional written statement contesting the recovery of possession.
Parties & counsel
- appellant
P.N.Joy
- respondent
Mythily
- respondent
P.R.Babu
- respondent
Mohandas
- respondent
Yamuna
Case details
As recorded by the court registry
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