High Court Kerala High Court

Kammanol Jameela vs Kambikettiya Parambath Narayani on 5 August, 2008

Kerala High Court
Kammanol Jameela vs Kambikettiya Parambath Narayani on 5 August, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 35177 of 2007(K)


1. KAMMANOL   JAMEELA D/OSAIDU MAMMI, AGED
                      ...  Petitioner
1. KAMMANOL JAMEELA, D/O.SAIDU MAMMI,

                        Vs



1. KAMBIKETTIYA PARAMBATH NARAYANI,
                       ...       Respondent

2. KAMBIKETTIYA PARAMBATH SASI,

3. KAMBIKETTIYA PARAMBATH SATHYAN,

4. KAMBIKETTIYA PARAMBATH REENA,

                For Petitioner  :SRI.B.KRISHNAN

                For Respondent  :SRI.GEORGE THOMAS (MEVADA)

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :05/08/2008

 O R D E R
                  M. SASIDHARAN NAMBIAR, J.
                    ------------------------------------------
                    W.P.(C) NO.35177 OF 2007
                    ------------------------------------------
               Dated this the 5th day of August, 2008


                               JUDGMENT

Petitioner is the plaintiff and respondents the defendants in

O.S. 198 of 2004 on the file of Munsiff Court, Nadapuram. This

petition is filed under Article 227 of Constitution of India to set

aside Ext.P1 and P2 orders passed by the Munsiff and issue a

direction to produce documents and to remit the report as

sought for in Ext.P5 and P7 applications.

2. Learned counsel appearing for petitioner and

respondents were heard.

3. Learned counsel appearing for petitioner argued that

I.A. 1130 of 2007 was filed for production of the file relating to

petitioner and the field map of old survey 343/1 and 310/4 and

petitioner is claiming the property based on the old survey plan

and in such circumstances learned Munsiff should not have

dismissed the application under Ext.P1 order. Learned counsel

also argued that commissioner did not identify the property with

reference to old survey plan and the question whether the

WP(C)35177/2007 2

property is to be fixed with reference to resurvey or old survey

plan is to be decided on the evidence and without the data Court

cannot decide that question and therefore learned Munsiff

should have remitted the report to measure the property with

reference to old survey plan as sought for in Ext.P7 application.

Learned counsel appearing for respondents argued that the trial

Court considered the applications in the proper perspective and

dismissed them and there is no illegality or irregularity

warranting interference.

4. Ext.P5 petition shows that the prayer in the petition

was actually not to summon the documents as considered by the

learned Munsiff or sought for by the petitioner in the writ

petition. It was only an application for a Court certificate to

enable petitioner to obtain certified copy of the field map of old

survey 343/1 and 310/4. The case of petitioner is that

eventhough certified copy was applied for, Taluk Surveyor did

not issue the certified copy and therefore a Court certificate is to

be issued. Learned Munsiff should have issued a Court

certificate as sought for to enable petitioner to obtain the

document. Therefore Ext.P1 order is quashed and learned

Munsiff is directed to issue a Court certificate to enable

WP(C)35177/2007 3

petitioner to obtain the document stated therein.

5. Ext.P7 application was dismissed under Ext.P2 order.

Though the learned counsel argued that learned Munsiff should

have remitted the report to the commissioner for identification

with reference to the old survey plan, learned Munsiff dismissed

the application finding that resurvey has been finalized. I do not

find any illegality or irregularity warranting interference with

Ext.P7 order. Petitioner is entitled to adduce evidence in

support of her objections to the report of the commissioner and

is also entitled to challenge Ext.P2 order along with final

judgment, if it goes against her.

M. SASIDHARAN NAMBIAR,
JUDGE

Okb/-