The High Court of Kerala dismissed an original petition challenging the appointment of an Advocate Commissioner for measuring property boundaries in an underlying suit for boundary fixation and injunction.
The appointment of the Advocate Commissioner is upheld; the original petition 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 DR. JUSTICE KAUSER EDAPPAGATH
WEDNESDAY, THE 3RD DAY OF APRIL 2024 / 14TH CHAITHRA, 1946
OP(C) NO. 760 OF 2022
IN OS NO.537 OF 2017 OF MUNSIFF COURT, VADAKKANCHERRY
PETITIONERS/DEFENDANTS:
1THOMAS
AGED 67 YEARS
S/O.IMMATTY IPUNNY, ALOOR VILLAGE,DESOM, P.O.MATTOM,
KUNNAMKULAM TALUK,TRISSUR, PIN – 680602.
2SANTHOSH IMMATTY
AGED 41 YEARS
S/O. IMMATTY THOMAS, ALOOR VILLAGE, DESOM, KUNNAMKULAM
THALUK, PIN – 680602.
BY ADV V.C.MADHAVANKUTTY
RESPONDENTS/PLAINTIFFS:
1ST. THOMASFORONACHURCH
MATTAM, ALOOR, KUNNAMKULAM TALUK,TRISSUR, REP.BY
VIKARYI.FR.JOSE VALLURAN, PIN – 680602.
2ST. THOMAS FORONA CHURCH
MATTAM, ALOOR, KUNNAMKULAM TALUK, REP.BY TRUSTY. SUNNY.
E.F, S/O. FRANCIS, EDAKKALATHOOR HOUSE, MATTAM-KANDYUR
DESOM, ALOOR VILLAGE, P.O, KUNNAMKULAM TALUK, PIN –
680602.
BY ADVS.
PREETHI. P.V.(K/1819/1999) (B/O)
DEEPA NARAYANAN(K/1754/1995)
M.V.BALAGOPAL(K/707/2009)
T.SETHUMADHAVAN (SR.)(S-310)
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 03.04.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C) NO. 760 OF 2022 2
JUDGMENT
Ext.P5 order appointing an Advocate Commissioner to measure the plaint schedule property with the help of the Taluk Surveyor in a suit for fixation of boundary is under challenge in this Original Petition.
OP(C) NO. 760 OF 2022 3
the suit, the appointment of the Advocate Commissioner to measure the property with the help of the Taluk Surveyor is absolutely necessary to decide the dispute between the parties. There is no merit in the Original Petition and it is dismissed accordingly. Both the parties are free to file work memo before the Advocate Commissioner.
Sd/-
DR. KAUSER EDAPPAGATH JUDGE
Sru
OP(C) NO. 760 OF 2022 4
APPENDIX OF OP(C) 760/2022
PETITIONER’S EXHIBITS
Exhibit P1TRUE COPY OF THE PLAINT DATED 21.08.2017
FILED BY THE RESPONDENTS BEFORE THE MUNSIFF'S
COURT, WADAKKANCHERYAS OS.NO.534 OF 2017.
Exhibit P2TRUE COPY OF THE WRITTEN STATEMENT FILED BY
THE PETITIONERS/DEFENDANTS IN OS.NO.534 OF
2017.
Exhibit P3TRUE COPY OF THE PETITION IA.NO. 2 OF 2021 IN
OS.NO. 534 OF 2017 DATED 9.12.2021.
Exhibit P4TRUE COPY OF THE COUNTER FILED BY THE
PETITIONER IN IA 2 OF 2021 IN OS 534 OD 2017
ON THE FILE OF THE MUNSIFF'S COURT,
WADAKKANCHERY.
Exhibit P5TRUE COPY OF THE ORDER IN IA.NO.2 OF 2021 IN
OS.NO. 534 OF 2017 ON THE FILE OF THE
MUNSIFF'SCOURT,WADAKKANCHERYDATED
04.02.2022.
1 issue framed by the court
Whether the appointment of an Advocate Commissioner to measure the subject property is necessary for fixation of boundary dispute.
Thomas
Santhosh Immatty
St. Thomas Foronachurch Mattam
St. Thomas Forona Church
Kauser Edappagath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court