Kerala High Court
Kunjumon vs St.Mary Jacobite Syrian Chappel on 21 August, 2014
Author: V.Chitambaresh
Bench: V.Chitambaresh
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
THURSDAY, THE 21ST DAY OF AUGUST 2014/30TH SRAVANA, 1936
OP(C).No. 1445 of 2014 (O)
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I.A.NO.2904/2013 IN OS.NO.218/2013 OF MUNSIFF COURT, PERUMBAVOOR.
PETITIONER(S):
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1. KUNJUMON, AGED 56 YEARS
S/O.CHOLLAN, THERODATHIMALAYIL HOUSE, MUDAKKUZHA KARA
VENGOOR WEST VILLAGE, PERUMBAVOOR
2. RADHAKRISHNAN, AGED 55 YEARS
S/O.NARAYANAN NAIR, KAVISSERY HOUSE, ALIMURY KARA
KOOVAPPADY VILLAGE, PERUMBAVOOR
BY ADVS.SRI.S.RENJITH
SRI.K.O.SANTHOSH
SRI.GEORGE MATHEW (ONATTUPARAMBIL)
RESPONDENT(S):
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1. ST.MARY JACOBITE SYRIAN CHAPPEL
AIMURY KARA, VENGOOR WEST VILLAGE, REP BY TRUSTEE
OUSEPH, S/O.PAILY, KARIPPAPPAKKADAN HOUSE
MUDAKKUZHA KARA, PERUMBAVOOR
ERNAKULAM DISTRICT 683544
2. ST.MARY JACOBITE SYRIAN CHAPPEL,
AIMURY KARA, VENGOOR WEST VILLAGE
REP BY TRUSTEE MATHAI, S/O.MATHAI
KAJIRATHINAKAL HOUSE, MUDAKKUZHA KARA, PERUMBAVOOR
ERNAKULAM DISTRICT 683544
3. ST.MARY JACOBITE SYRIAN CHAPPEL
AIMURY KARA, VENGOOR WEST VILLAGE
REP. BY TRUSTEE, MATHAI, S/O.MATHAI
KAJIRATHINKAL HOUSE, MUDAKKUZHA KARA
PERUMBAVOOR, ERNAKULAM DISTRICT - 683 544.
3. KOOVAPPADY GRAMA PANCHAYATH
REP. BY ITS SECRETARY, KOOVAPPADY P.O
PERUMBAVOOR 683544
R4 BY ADV. SRI.R.RANJITH,SC,KOOVAPPADY GRAMA PANCH
R1 BY ADV. SRI.N.SUKUMARAN (SR.)
R1 BY ADV. SRI.S.SHYAM
R1 BY ADV. SRI.A.C.CHACKO
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 21-08-2014,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C).No. 1445 of 2014 (O)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1 COPY OF THE PLAINT IN O.S NO 218 OF 2013 OF THE MUNSIFF
COURT,PERUMBAVOOR
EXHIBIT P2 COPY OF THE WRITTEN STATEMENT IN O.S NO 218 OF 2013 OF THE
MUNSIFF COUR,PERUMBAVOOR
EXHIBIT P3 COPY OF THE IA NO 2904 OF 2013 FILED BY THE PETITIOENRS
BEFORE THE MUNSIFF COURT,PERUMBAVOOR
EXHIBIT P4 COPY OF THE OBJECTION FILED BY THE PLAINTIFF IN I.A NO 2904 OF
2013
EXHIBIT P5 COPY OF THE ORDER OF HON'BLE MUNSIFF COURT,PERUMBAVOOR
IN I.A NO 2904 OF 2013 IN OS NO 218 OF 2013
RESPONDENT(S)' EXHIBITS : NIL.
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//TRUE COPY//
P.S. TO JUDGE.
V.CHITAMBARESH, J.
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O.P (C) No.1445 of 2014
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Dated this the 21st day of August, 2014
J U D G M E N T
There is admittedly a well in the plaint schedule property in O.S.No.218/2013 on the file of the court of the Munsiff of Perumbavoor. The suit is one for declaration of title and for injunction against the 4th respondent Grama Panchayat. One of the issues that arise in the suit is as to whether the well is vested in the Panchayat or not. The petitioners assert that they have been using the water in the well which according to them belongs to the Panchayat. The right if any of the petitioners to use water from the well would be dependent on the verdict in the suit.
2. The petitioners are undoubtedly proper parties to the suit if not necessary parties. The court below has not exercised the jurisdiction vested in it under Order 1 Rule 10(2) of the Code of Civil Procedure properly. The impugned order is set aside and I.A.No.2904/2013 in O.S.No.218/2013 is allowed. The petitioners shall be afforded an opportunity to file a written statement and the court below shall OP (C) No.1445 of 2014 2 proceed with the suit in accordance with law.
The Original Petition is allowed as above.
Sd/-
V.CHITAMBARESH, Judge.
nj.