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IN THE HIGH COURT OF KERALA AT ERNAKULAM
K.Natarajan
Abhilash Asok – Appellant
Versus
Aruna Mohanan – Respondent
| Table of Content |
|---|
| 1. petitioner challenges trial court order. (Para 1 , 3) |
| 2. petitioner claims the commissioner's report was flawed. (Para 4) |
| 3. respondent supports trial court's dismissal. (Para 5) |
| 4. court analyzes conflicting claims on property. (Para 6 , 7 , 8) |
JUDGMENT :
K. Natarajan, J.
This Original petition is filed by the petitioners/defendant No.1,3 and 4 (except 2nd defendant) by challenging the order passed by the Munsiff Court, Punalur in I.A No. 5/2024 in O.S No. 139/2016 dated 15.10.2024.
2. Heard the arguments of the learned counsel for the petitioner and the learned counsel for the respondent.
3. The case of the petitioner is that the respondent filed suit for declaration and fixation of boundary, claiming the Land Survey No. 845/4/5 measuring 43 cents as well as 11 cents said to be claimed right through a gift deed as well as a will said to be executed by the sister of the plaintiff. After the filing of the suit, the defendants Nos. 1, 3, and 4 filed a written statement with a counterclaim by claiming 35 cents of property said to be purchased from the grandmother under the sale deed dated 11.06.2010 and also stated 8 cents of land has been gifted to the son of the plaintif
Commission reports are essential in property boundary disputes, and parties must actively participate and submit objections to challenge findings effectively.
The court emphasized the necessity of appointing a commissioner for boundary demarcation in property disputes, reinforcing the importance of valid title documentation over oral claims.
Court directs revenue authorities to survey and demarcate disputed land with procedural safeguards after notice to concerned parties.
Point of Law : when the plaintiff approached the learned Munsiff for fixing the southern boundary of his property, the Munsiff is bound to adjudicate the dispute and to give a verdict.
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