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IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
BAIJU FRANCIS S/o. LATE C.P JOSEPH – Appellant
Versus
SASIKALA W/o VISHNUDAS – Respondent
JUDGMENT :
(BASANT BALAJI, J.)
This original petition is filed seeking the following reliefs :
a) Call for records related to OS 92/2011 from the 2nd Additional Sub Court, Ernakulam,
b) To direct the trial Court to formally complete the process of impleading of Kumbalam Grama Panchayath as an additional party pursuant to Exhibit P-10 for proper adjudication of the case,
c) To direct the Trial Court to pass orders to the effect that the Survey Commission is conducted with the participation of Respondent No:3/Additional Defendant No:3 and also Kumbalam Grama Panchayath,
d) Direct the Trial Court to appoint another Private Surveyor to assist the advocate commissioner from the panel already submitted by the Counsel for Petitioners/Additional Plaintiffs in OS 92/2011 and to do physical survey of the properties as prayed for in the commission application, and
e) Issue such other reliefs as this Hon’ble court may deem fit and proper in the facts and circumstances of the case.
2. The petitioners herein are the additional plaintiffs in O.S.No.92 of 2011 on the files of the 2nd Additional Sub Court, Ernakulam. The suit was filed for declaration, fixation of boundary and injunction over the plaint ’C
The court emphasized the importance of procedural compliance in property disputes, directing the impleadment of the Panchayath and appointment of a surveyor for effective adjudication.
The court emphasized that the appointment of a Taluk Surveyor is necessary when public officials are unavailable, ensuring adherence to procedural mandates.
A court cannot entertain a second appeal under Section 100 CPC unless a substantial question of law is raised, reaffirming that lower courts’ evidence assessments cannot be re-evaluated absent new co....
The competent authority must conduct mandatory surveys and measurements before rejecting representations on building permits.
The appointment of an Advocate-Commissioner is justified under Order XXVI Rule 9 of CPC to resolve property boundary disputes, even if a previous suit exists, provided the circumstances differ.
The appointment of an advocate commissioner to determine disputed property boundaries is permissible under CPC, ensuring proper adjudication of land disputes.
Point of Law : Dispute of property – Appointment of Commission necessary to identify the property.
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