KERALA HIGH COURT
, J
Bose M. V. v. M. O. Gervasis and Others
| Table of Content |
|---|
| 1. introduction of the factual background regarding the civil suit. (Para 1) |
| 2. discussion on procedural issues and submission of counsel. (Para 2 , 3) |
| 3. analysis of jurisdictional implications following referral to lok adalat. (Para 4 , 5) |
| 4. final ruling directing compliance with statutory procedure. (Para 6) |
1. Petitioner is the first defendant in O.S.No. 1864/2004, on the file of Munsiff Court, Ernakulam. First respondent is the plaintiff and other respondents, other defendants in the suit. The suit was filed seeking a decree directing defendants to effect sale of the plaint schedule property by executing a sale deed, for a declaration of title perfected by adverse possession and also for permanent injunction. Admittedly, after issues were settled, suit was included in the special list on 6.12.2007. Evidence was partly recorded. While so, finding that there is a chance of settlement, on 18.1.2008, the suit was referred to Permanent Lok Adalath. The case was pending before the Adalath since then. It is represented that even though the case was referred to Adalath, the suit was being posted by the learned Munsiff in the court also to find out whether a settlement is
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