IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE VIJU ABRAHAM MONDAY, THE 12^TH DAY OF AUGUST 2024 / 21ST SRAVANA, 1946 OP(C) NO. 1505 OF 2023 AGAINST THE ORDER/JUDGMENT DATED IN OS NO.114 OF 2013 OF MUNSIF COURT, KUTHUPARAMBA PETITIONER/S:

1 MARADIJANU, AGED 62 YEARS D/O. LATE KELAPPAN, PENSIONER,MARADI HOUSE, VEKKALAM AMSOM DESOM,P.O. VAYANNUR, THALASSERY TALUK, KANNUR DISTRICT, PIN - 670650

2 MARADI RAJAN (DIED)

AGED 52 YEARS S/O. LATE KELAPPAN, MARADI HOUSE, VEKKALAM AMSOM DESOM,P.O. VAYANNUR, THALASSERY TALUK, KANNUR DISTRICT, PIN - 670650

3 NAROTH NARAYANI @ SULU, AGED 47 YEARS COOLIE, W/O. LATE MARADI RAJAN,MARADI HOUSE, VEKKALAM AMSOM DESOM,P.O. VAYANNUR, THALASSERY TALUK,KANNUR DISTRICT, PIN - 670650

4 SON SURAJ, AGED 30 YEARS COOLIE, MARADI HOUSE, VEKKALAM AMSOM DESOM,P.O.

VAYANNUR, THALASSERY TALUK, KANNUR DISTRICT., PIN - 670650

5 BROTHER SUJESH AGED 28 YEARS COOLIE, MARADI HOUSE, VEKKALAM AMSOM DESOM,P.O.

VAYANNUR, THALASSERY TALUK,, KANNUR DISTRICT, PIN - 670650

6 SISTER SUJINA, AGED 25 YEARS HOUSE WIFE, MARADI HOUSE,VEKKALAM AMSOM DESOM,P.O. VAYANNUR, THALASSERY TALUK KANNUR DISTRICT, PIN - 670650 BY ADVS.

RESHMA E.

K.P.HARISH O.MINCY ANAKHA KRISHNA RESPONDENT/S:

1 MELODANOMANAAMMA, AGED 79 YEARS W/O. LATE GOVINDANNAMBIAR, NO OCCUPATION,KARINCHOTH, VEKKALAMAMSOMDESOM,P.O.

VAYANNUR, IRITTYTALUK. KANNUR DISTRICT, PIN -

670650

2 DAUGHTER KARTHIAYANI, AGED 62 YEARS NO OCCUPATION, KARINCHOTH ,VEKKALAM AMSOM DESOM,P.O. VAYANNUR, IRITTY TALUK. KANNUR DISTRICT, PIN - 670650

3 SISTER MADHAVI, AGED 60 YEARS NO OCCUPATION,KARALATH HOUSE, MUZHAKKUNNU AMSOM,PALA DESOM, KAKKEYANGAD P.O., MUZHAKKUNNU.

KANNUR DISTRICT, PIN - 670703

4 SISTER VILASINI AGED 56 YEARS NURSING ASSISTANT,THOLAMBRA AMSOM DESOM, P.O.

THOLAMBRA,THALASSERY TALUK KANNUR DISTRICT,, PIN - 670703

5 BROTHER PEETHAMBARAN , AGED 54 YEARS EX-SERVICE MAN,NAMBYODE, MANATHANA VILLAGE, P.O.

PERUMPUNNA,THALASSERY TALUK. KANNUR DISTRICT,, PIN - 670673

6 BROTHER PADMANABHAN AGED 49 YEARS COMPANY EMPLOYEE, SIVAPURAM AMSOM DESOM,P.O.

SIVAPURAM, KANNUR DISTRICT, PIN - 670702

7 BROTHER VALSARAJAN, AGED 42 YEARS COOLIE,.VEKKALAM AMSOM DESOM, P.O. VAYANNUR, THALASSERY TALUK. KANNUR DISTRICT, PIN - 670650

8 BROTHER PREMARAJAN AGED 38 YEARS DRAFTSMAN,VEKKALAM AMSOM DESOM, P.O. VAYANNUR ,THALASSERY TALUK KANNUR DISTRICT, PIN - 670650 BY ADV Cibi Thomas THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON

12.08.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

‘CR'

VIJU ABRAHAM, J.

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O.P.(C).No.1505 of 2023 --------------------------------

Dated this the 12^th day of August, 2024

JUDGMENT

The above original petition has been filed challenging Exts.P6 to P9 orders passed by the Munsiff Court, Koothuparamba. Petitioners herein are defendants in OS No. 114 of 2013 on the file of the Munsiff Court, Koothuparamba, a suit filed for fixation of boundary and permanent prohibitory injunction.

2. A commission report was filed in the suit and the petitioners filed an application to remit the commission report which was declined by the trial court, against which OP(C)No. 254 of 2017 was filed which was dismissed as per Ext P3 judgment mainly finding that the petitioners have not raised any counterclaim along with the written statement or made any specific pleading to the effect that any property in possession of the petitioners herein is in the possession of the plaintiff. The petitioners submit that it is on an expectation that OP(C) No. 254 of 2017 will be allowed in their favour that the petitioners did not amend the written statement and raised a counterclaim. Thereafter, the petitioners filed IA No. 9 of 2023 (Ext P4) to amend the written statement including a counterclaim seeking recovery of possession. Thereafter, Ext P5 was filed seeking to amend the written statement. Later on, suit was listed for trial, thereupon Ext P6 application was filed to remove the case from the list. The same was dismissed and consequently, I.A. No. 9 of 2023 (Ext P4) was also dismissed as per Ext