Kerala High Court
Gopalan Bhaskaran vs Sasikumaran Nair on 14 August, 2008
Author: M.Sasidharan Nambiar
Bench: M.Sasidharan Nambiar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 24550 of 2008(V)
1. GOPALAN BHASKARAN, AGED 64 YEARS,
... Petitioner
Vs
1. SASIKUMARAN NAIR, AGED ABOUT 45
... Respondent
For Petitioner :SRI.K.B.SURESH
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :14/08/2008
O R D E R
M. SASIDHARAN NAMBIAR, J.
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W.P.(C) NO. 24550 OF 2008
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Dated this the 14th day of August, 2008
JUDGMENT
This petition is filed under Article 227 of Constitution of India to quash O.S.214 of 2008 on the file of Munsiff Court, Varkala by exercising the supervisory jurisdiction of this Court under Article 227 of Constitution of India.
2. Learned counsel appearing for petitioner was heard.
3. The argument of the learned counsel for the petitioner is that O.S.214 of 2008 is not maintainable in law and O.S.181 of 2006, which was earlier suit filed by respondent for the same relief, was dismissed and the survey boundary was fixed subsequent to the decision of this Court in Ext.P1 to P4 proceedings and in such circumstances O.S.214 of 2008 filed before Munsiff Court, Varkala is not maintainable and is to be quashed.
4. If the case of the petitioner is that O.S.214 of 2008 is not maintainable either for the reason that dismissal of O.S.181 of 2006 earlier would operate as res judicata or on the ground WP(C)24550/08 2 that no suit as provided under the Survey and Boundaries Act was not filed or that the suit is not maintainable in view of the decision in the earlier suits, remedy of the petitioner is to approach Munsiff Court, Varkala, where O.S.214 of 2008 is pending and file a written statement taking up all the defences and seek dismissal of the suit. Exercising supervisory jurisdiction under Article 227 of Constitution of India, plaint cannot be quashed as sought for. With liberty to the petitioner to approach the trial Court for appropriate relief, the writ petition is disposed. Petitioner is entitled to file a written statement taking up all defence and is also entitled to file a petition to dispose the suit after framing issues and for hearing the preliminary issue on the maintainability of the suit. If such a petition is filed, learned Munsiff is to dispose the petition expeditiously.
M. SASIDHARAN NAMBIAR, JUDGE Okb/-