IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE P.BHAVADASAN

FRIDAY, THE 13TH DAY OF FEBRUARY 2015/24TH MAGHA, 1936

OP(C).No. 415 of 2015 (O)

--------------------------

IA.180/15 & 181/2015 IN OS 191/2011 OF MUNSIFF COURT, PERUMBAVOOR.

...........

PETITIONER(S)/PLAINTIFF:

---------------------------------------

1. SARADHAMMA, AGED 66 YEARS,

D/O. KARTHIYANIAMMA,

VAAZHAKKUZHAKKAL HOUSE,

VENGOLA KARA, VENGOLA VILLAGE,

KUNNATHUNADU TALUK, ERNAKULAM.

2. SANTHOSH, AGED 36 YEARS,

S/O. SARADHAMMA, VAAZHAKKUZHAKKAL HOUSE,

VENGOLA KARA, VENGOLA VILLAGE,

KUNNATHUNADU TALUK, ERNAKULAM.

BY ADVS.SRI.P.THOMAS GEEVERGHESE

SRI.TONY THOMAS (INCHIPARAMBIL)

RESPONDENT(S)/DEFENDANTS 1 TO 4:

--------------------------------------------------------

1. PRABHAKARAN NAIR, AGED 70 YEARS,

D/O. KARTHIYANIAMMA,

VAAZHAKKUZHAKKAL HOUSE,

VENGOLA KARA, VENGOLA VILLAGE,

KUNNATHUNADU TALUK, ERNAKULAM - 683 556.

2. ARUN, AGED 38 YEARS, S/O. PRABHAKARAN NAIR,

VAAZHAKKUZHAKKAL HOUSE, VENGOLA KARA,

VENGOLA VILLAGE, KUNNATHUNADU TALUK,

ERNAKULAM - 683 556.

3. AJITHA, AGED 40 YEARS, D/O. PRABHAKARAN NAIR,

VAAZHAKKUZHAKKAL HOUSE, VENGOLA KARA,

VENGOLA VILLAGE, KUNNATHUNADU TALUK,

ERNAKULAM - 683 556.

THIS OP (CIVIL) HAVING COME UP FOR ADMISSION

ON 13-02-2015, THE COURT ON THE SAME DAY DELIVERED

THE FOLLOWING:

mbr/

OP(C).No. 415 of 2015 (O)

-------------------------------------

APPENDIX

PETITIONER(S)' EXHIBITS:

-------------------------------------

EXHIBIT-P1-

TRUE COPY OF THE PLAINT IN O.S.NO.191/2011 ON THE FILE OF

MUNSIFF COURT, PERUMBAVOOR.

EXHIBIT-P2-

TRUE COPY OF THE ORDER IN IA 1615/2014 DATED 3RD DECEMBER

2013 OF MUNSIFF COURT, PERUMBAVOOR.

EXHIBIT-P3-

TRUE COPY OF THE AFFIDAVIT AND PETITION FILED IN

I.A.NO.181/2015 BEFORE MUNSIFF COURT, PERUMBAVOOR.

EXHIBIT-P4-

TRUE COPY OF THE ORDER IN I.A.NO.180/2015 DATED 20TH JANUARY,

2015.

EXHIBIT-P5-

TRUE COPY OF THE ORDER IN I.A.NO.181/2015 DATED 20TH JANUARY,

2015.

RESPONDENT(S)' EXHIBITS:

-

NIL

---------------------------------------

/TRUE COPY/

P.S. TO JUDGE

mbr/

P.BHAVADASAN, J.

- - - - - - - - - - - - - - - - - - - - - - - -

O.P.(C) No. 415 of 2015

- - - - - - - - - - - - - - - - - - - - - - - -

Dated this the 13^th day of February, 2015

J U D G M E N T

The limited prayer made in this petition is for a

direction to the Munsiff Court, Perumbavoor to take up

Ext.P3 petition said to have been filed by the petitioner and

dispose it of as expeditiously as possible, at any rate,

sufficiently before the suit comes up for trial. The suit is

stated to be listed for trial to 18.02.2015.

2.

The petitioner points out that the documents

summoned by him is necessary for proper consideration of

the issue involved in the suit. The Commissioner and the

surveyor who inspected the property filed a report showing

that the property cannot be properly identified. Therefore,

the plaintiff filed I.A.No. 891/2013 for remitting back the

report and plan. That petition was allowed and direction was

obtained to conduct the survey by total station machine.

I.A.No. 181/2015 was filed seeking production of relevant

O.P.(C) No. 415 of 2015

-2-

files. In order to have a proper measurement of the

property, the documents that is sought to be summoned as

per Ext.P3, is absolutely necessary.

3.

The learned counsel appearing for the petitioner

points out that the petition ought to have been considered

before the suit comes up for trial since without a proper

report and plan, no purpose will be served in going for trial

of the suit. It is also pointed out that there was no

justification for the court below in posting the I.A. on the

same date on which the suit is listed for trial.

4.

There seems to be considerable force in the above

submission. The court ought to have passed orders on

Ex