AI Overview...
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Boundary fixation suit - Several cases highlight that a suit for boundary fixation is permissible but requires proper scheduling and clear property identification. The courts emphasize that proper scheduling of properties in the plaint is essential for maintaining such suits Appukuttan Nair, S/o. Madhavan Pillai VS Sadasivan Nair - Kerala, THANKAMONY Vs SALIKATHU AND ANOTHER - Kerala, Bapputty (A) Sydali VS Cheriakutty (A) Veerankhani Rawther - Kerala.
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Scheduling of properties - Failure to distinctly schedule the boundary-acquired portions leads to the suit's dismissal or setting aside of decrees, as seen in cases where the plaintiff did not specify separate schedules for boundary acquisitions THANKAMONY Vs SALIKATHU AND ANOTHER - Kerala, Bapputty (A) Sydali VS Cheriakutty (A) Veerankhani Rawther - Kerala.
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Legal requirements - Courts have clarified that boundary fixation cannot be ordered without establishing property identity and proper survey evidence. The Survey and Boundaries Act and Section 9 of the Civil Procedure Code underline procedural adherence Bapputty (A) Sydali VS Cheriakutty (A) Veerankhani Rawther - Kerala, vs - Kerala.
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Injunctions and boundary fixation - An injunction related to boundary disputes requires clear proof of property boundaries and ownership, and cannot be granted solely on boundary fixation claims without establishing possession and title vs - Kerala.
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Amendments and procedural flexibility - Courts have allowed amendments to pleadings to include boundary fixation claims if necessary for just adjudication, especially when boundary issues are central to the dispute ASHOKAN vs SUDHAKARAN - Kerala.
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Judicial approach - Courts generally affirm boundary fixation based on reliable survey evidence and lower court findings, but emphasize that boundary disputes must be properly framed within a suit with specific property descriptions MUHAMMED KUNJU ABDUL KHADER KUNJU vs THANKAKUTTY - Kerala, DEVASSY vs SHERLY - Kerala.
Analysis and Conclusion
A suit for boundary fixation is permissible but hinges on proper scheduling of properties, clear proof of property identity, and reliable survey evidence. Courts require that boundary disputes be properly framed within a suit that distinctly describes the properties involved. Injunctions related to boundary disputes depend on establishing ownership and possession, and amendments to pleadings are allowed when necessary for just resolution. Overall, procedural adherence and detailed property descriptions are critical to successfully obtaining boundary fixation orders.
Search Results for "Fixation of Boundary Seperate Schedule"
2025 Supreme(Online)(Ker) 54039 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
3)Is the prayer for fixation of boundary and getting seperate possession of the plaint schedule item No.3 and 4 properties allowable? 4) Is the injunction prayed for allowable?” ... The respondents/plaintiffs filed a suit for declaration of title, fixation of boundary and seperate possession and injunction against the defendant. ... As regard the prayer of fixation of boundary, the prayer was rejected on the ground that no steps to....
2022 0 Supreme(Ker) 979 • India - Kerala
P. SOMARAJAN
was passed in a suit for fixation of boundary by the first appellate court after setting aside the decree and judgment of the trial ... does not mean that in order to maintain a suit on immovable property and even in the case of fixation of disputed boundary, the ... plaintiff has to schedule the property of the defendants as a separate schedule to the plaint - Appeal allowed. ... That does not mean that in order to maintain a suit on immovable property and even in th....
2019 Supreme(Online)(KER) 74919 • India - High Court of Kerala
P.SOMARAJAN, J
Fact of the Case: The plaintiff sought a declaration of title, boundary fixation, possession recovery, and injunction ... The dispute centered on a 14-cent boundary portion acquired through a 1973 sale deed, which was not separately scheduled in the plaint ... Ratio Decidendi: The decree was set aside because the plaintiff did not comply with the requirement to schedule distinct acquisitions ... Only the 14 cents being the eastern portion of the plaint schedule property forms part o....
2017 Supreme(Online)(KER) 29648 • India - High Court of Kerala
B.KEMAL PASHA, J
suit for boundary disputes was confirmed. ... between properties, emphasizing the necessity of proper suit for boundary disputes. ... concurrent findings of lower courts, affirming the plaintiff's right to protection from trespass and confirming the wall as the boundary ... The question raised as (a) is with regard to the fixation of boundary. Such a question did never arise at all in the suit. Similar is the question noted as (b). The same are the questions covered by questions (c) and (d) also. ... Th....
1989 0 Supreme(Ker) 515 • India - Kerala
S.PADMANABHAN
The suit for boundary fixation was dismissed, and the cross objection filed by the plaintiff was also dismissed. ... Boundary Fixation - Civil Suit - S.9 of the Code of Civil Procedure - Survey and Boundaries Act - [S.9 of the Code of Civil Procedure ... , Survey and Boundaries Act] - The court allowed the second appeal and dismissed the suit for boundary fixation, emphasizing that ... Persons having title and possession of the properties and who will be affected by the fixat....
2012 Supreme(Online)(KER) 12000 • India - High Court of Kerala
THOMAS P.JOSEPH, J
Boundary - Property Dispute - N/A - The court examined the fixation of boundary between different property schedules based on ... Finding of the Court: The court confirmed the lower courts' decisions to fix the boundary based on reliable survey ... Issues: Whether the courts below correctly fixed the boundary between the plaintiff's and defendants' properties based on ... The respondent claimed that there is no specific boundary between the plaint A and B #HL_START....
2005 0 Supreme(Ker) 478 • India - Kerala
V.RAMKUMAR
of the western boundary of the plaint D schedule property along the line CH in Ext.C2 plan also cannot be faulted. ... and for putting up a boundary on the western side of the plaint D schedule property - Plaintiff is the son of Sahadevan and Gouri ... the plaintiff gets possession of the properties, he stands the risk of being sued for redemption of Ext.A1 mortgage - Rlief of fixation ... The relief of fixation of the western boundary of the plaint D schedu....
2007 Supreme(Online)(KER) 25002 • India - High Court of Kerala
M.SASIDHARAN NAMBIAR, J
granting any relief, and a boundary fixation cannot lead to possession recovery without an appropriate suit. ... referred to in the partition deed before deciding on boundary fixation and affirmed the appellant's right to file a fresh suit for ... Fact of the Case: The appellant filed a suit seeking boundary fixation and injunction against respondents, claiming ... When a suit is filed for fixation of boundary, if portion of the plaint sc....
2016 Supreme(Online)(KER) 5507 • India - High Court of Kerala
A.HARIPRASAD, J
Issues: Whether the plaintiff was entitled to injunction or boundary fixation without establishing property identity amidst ... Ratio Decidendi: A plaintiff must clearly establish property identity for claims involving injunctions and boundary fixations ... fixation, and prior judgments can have evidentiary value despite not being inter-parties. ... But, the prayer in the suit is for fixation of boundary separating the properties; then it must be established that th....
2011 Supreme(Online)(KER) 26560 • India - High Court of Kerala
THOMAS P.JOSEPH, J
Issues: Whether the court should allow the amendment of pleadings to include a prayer for fixation of boundary despite objections ... court found that the dismissal of the petitioner's amendment application was unsustainable, as it was necessary for determining boundary ... VI, Rule 17, the court must allow amendments that are essential for resolving the real issues between the parties, especially in boundary ... Respondent disputed identity of plaint A schedule including existence of boundar....
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