Indira v. Raman Nair
Case brief
What is this about?
The Court set aside orders dismissing an execution petition and related applications for reopening evidence and appointing a commission with a surveyor. It remitted the matter for a fresh survey to ascertain encroachment on decree schedule property.
What did the court decide?
Ext.P10, P12, and P13 orders set aside. Ext.P8 application allowed with clarification to ascertain encroachment with surveyor's assistance. Matter remitted to Execution Court.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
MONDAY, THE 4TH DAY OF MARCH 2024 / 14TH PHALGUNA, 1945
OP(C) NO. 1871 OF 2023
AGAINST THE ORDERS DATED 01.02.2023 IN E.A. NO.223/2022 AND E.A.
NO.6/2023 IN EP NO.20 OF 2020 IN O.S. NO.164/2010 OF MUNSIFF COURT,ALUVA
PETITIONER/DECREE HOLDER/PLAINTIFF:
INDIRA
AGED 72 YEARS
W/O. DEVADAS, RESIDING AT SARASWATTHY MANDIRAM,
KALADY PANCHAYATH, MATTOOR KARA, MATTOOR VILLAGE,
ALUVA TALUK., PIN - 683574
BY ADVS.
M.P.RAMNATH
P.RAJESH (KOTTAKKAL)
K.J.SEBASTIAN
M.VARGHESE VARGHESE
UMA R.KAMATH
S.SANDHYA
BEPIN PAUL
SHALU VARGHESE
S.DEEPAK
ANTONY THARIAN
RESPONDENT/JUDGMENT DEBTOR/DEFENDANT:
Issues for consideration
2 issues framed by the court
Whether the learned Munsiff Court erred in dismissing the execution petition and rejection of application to appoint a commission with assistance of a surveyor for ascertaining encroachment.
Whether a prior application to reopen evidence was pending when the order rejecting the commission application was passed.
Parties & counsel
- petitioner
INDIRA
- respondent
RAMAN NAIR
Coram
C. JAYACHANDRAN
Case details
As recorded by the court registry
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