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Kerala High Court

Sabu vs Sasi on 19 November, 2021

Author: K. Babu

Bench: K. Babu

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                     THE HONOURABLE MR.JUSTICE K. BABU
         Friday, the 19th day of November 2021 / 28th Karthika, 1943
                             RSA NO. 1004 OF 2014
                    AS 103/2011 OF SUB COURT, PERUMBAVOOR
                  OS 32/2009 OF MUNSIFF COURT, KOLENCHERRRY
APPELLANT/APPELLANT/DEFENDANT:

     SABU,AGED 40 YEARS, S/O YOHANAN, MADATHIKUZHIYIL HOUSE, CHEMMANADU
     KARA, THIRUVANIYOOR VILLAGE

    BY ADVS.SRI.P.THOMAS GEEVERGHESE,SRI.TONY THOMAS INCHIPARAMBIL,
RESPONDENTS/RESPONDENTS/PLAINTIFFS:

  1. SASI, AGED 46 YEARS, TAPPING LABOUR, S/O KUTTAPPAN, PLAKKIL HOUSE,
     KOKKAPPILLY KARA, THIRUVANIYOOR VILLAGE, KUNNATHUNADU TALUK-682 308.
  2. SUDHAMOL, W/O SASI,AGED 35 YEARS, HOUSEWIFE, PLAKKIL HOUSE,
     KODUMBOOR KARA, THIRUVANIYOOR VILLAGE, KUNNATHUNADU TALUK-682 308.

    BY ADV SRI.ANIL KUMAR M.SIVARAMAN
     This Regular second appeal having come up for orders on 19.11.2021
along with RSA 1002/2014, the court on the same day passed the following:
                               K.BABU, J.
              ---------------------------------------------
                R.S.A Nos.1002 & 1004 of 2014
              -----------------------------------------------
             Dated this the 19th day of November, 2021


                              ORDER

Heard partly.

2. At the request of this Court Sri.A.A. Rajan, Assistant Director of Survey, Ernakulam, in charge of Deputy Director of Survey, Ernakulam appeared before the Court. He is appointed as Amicus Curiae to assist the Court to arrive at a conclusion as to whether Ext.C3(a) plan is complete or not. He was allowed to peruse the plan. After perusal of the plan, he stated that a complete plan consists of G-line, Check line, Offset, Ladder and Area list which are lacking in Ext.C3(a). On perusal of Ext. C3 (a) plan he submitted that it is impossible to refix the plan on the field and compute the area.

3. The Diagonal and Offset system of survey was followed in measuring the property. The Assistant Director is RSA Nos.1002 & 1004 of 2014 2 directed to submit a comprehensive report narrating the requirements of a plan prepared, following Diagonal and Offset system of survey.

The Registry is directed to issue a certificate to the Assistant Director of Survey, Ernakulam, stating his presence before this Court.

Post on 26.11.2021.

Sd/-

K.BABU JUDGE VPK 19-11-2021 /True Copy/ Assistant Registrar