Kerala High Court
Fathimath Suhara @ K. Bibi vs K.M. Abdul Razak Haji on 12 September, 2012
Author: V.Chitambaresh
Bench: V.Chitambaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
WEDNESDAY, THE 12TH DAY OF SEPTEMBER 2012/21ST BHADRA 1934
OP(C).No. 2950 of 2012 (O)
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OS.245/2010 of PRINCIPAL MUNSIFF, KASARAGOD
PETITIONER(S)/PLAINTIFF:
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FATHIMATH SUHARA @ K. BIBI
W/O.P.MOHAMMED SALI, PACHAKKAD, THURUTHI ROAD
KASARAGOD VILLAGE, KASARAGOD TALUK AND DISTRICT.
BY ADV. SRI.BECHU KURIAN THOMAS
RESPONDENT(S)/DEFENDANT:
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K.M. ABDUL RAZAK HAJI
S/O.LATE MOHAMMED, KADAVATH HOUSE, PACHAKKAD
TURUTHI ROAD, KASARAGOD VILLAGE AND POST
KASARAGOD TALUK, PIN 671328.
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 12-09-2012,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
APPENDIX IN O.P.(C) NO.2950 OF 2012
PETITIONER(S) EXHIBITS
EXHIBIT-P1. TRUE COPY OF THE PLAINT IN O.S.245/2010 ON THE FILES OF THE
MUNSIFF'S COURT, KASARAGOD.
EXHIBIT-P2. TRUE COPY OF THE WRITTEN STATEMENT IN O.S.245/2010 ON THE
FILES OF THE MUNSIFF'S COURT, KASARAGOD.
EXHIBIT-P3. TRUE COPY OF THE COMMISSION APPLICATION FILED IN
O.S.245/2010 ON THE FILES OF THE MUNSIFF'S COURT, KASARAGOD.
EXHIBIT-P4. TRUE COPY OF THE COMMISSION REPORT AND THE PLAN FILED IN
O.S.245/2010 ON THE FILES OF THE MUNSIFF'S COURT, KASARAGOD.
EXHIBIT-P5. TRUE COPY OF THE AFFIDAVIT AND PETITION DTD.19.06.2012 IN
I.A.1248/12 IN O.S.245/2010 ON THE FILES OF THE MUNSIFF'S
COURT, KASARAGOD.
EXHIBIT-P6. TRUE COPY OF THE OBJECTION DTD.28.06.2012 IN I.A.1248/12 IN
O.S.245/2010 ON THE FILES OF THE MUNSIFF'S COURT, KASARAGOD.
EXHIBIT-P7. TRUE COPY OF THE ORDER DTD.24.07.2012 IN I.A.1248/12 IN
O.S.245/2010 ON THE FILES OF THE MUNSIFF'S COURT, KASARAGOD.
//TRUE COPY//
P.S. TO JUDGE.
V.CHITAMBARESH, J.
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O.P.(C) No. 2950 of 2012
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Dated this the 12th day of September, 2012
J U D G M E N T
The court below has by the order impugned refused to remit the report and plan to the Advocate Commissioner in a suit for fixation of boundary and consequential injunction. It is now submitted that the court below has by order dated 11.9.2012 allowed an application for amendment of the plaint to incorporate a prayer for declaration of title.
2. The petitioner/plaintiff contends that a survey plan is essential to decide the controversy in view of the prayers incorporated in the plaint by way of amendment. It is open to the petitioner to move the court below to depute the same Advocate Commissioner to file an additional report with survey plan in the wake of the amendment of the plaint.
3. The court below shall consider the motion, if any, made by the petitioner in this regard untrammelled by anything contained in the order impugned. The trial of the suit in O.P.(C) No.2950 of 2012 2 O.S.No.245 of 2010 on the file of the court of the Munsiff of Kasargod shall stand deferred by a period of one month for this purpose.
The original petition is disposed of as above.
V.CHITAMBARESH, Judge.
nj.