High Court Kerala High Court

Anilkumar.P. vs Mr.Baby Joseph on 26 February, 2009

Kerala High Court
Anilkumar.P. vs Mr.Baby Joseph on 26 February, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

MACA.No. 735 of 2005()


1. ANILKUMAR.P., S/O.PADMANABHAN NAIR,
                      ...  Petitioner

                        Vs



1. MR.BABY JOSEPH, KUTTIKATTU HOUSE,
                       ...       Respondent

2. MR.RADHAKRISHNAN, KURUPPUMPARAMBIL

3. THE NATIONAL INSURANCE COMPANY LTD.,

                For Petitioner  :SRI.K.JANARDHANAN

                For Respondent  :SRI.P.JAYASANKAR

The Hon'ble SHRI K. Justice J.THOMAS STANLEY(RETD.ADDL.DIST.JUDGE)

 Dated :26/02/2009

 O R D E R
                  SMT.SUMATHI DANDAPANI
       (SENIOR ADVOCATE, HIGH COURT OF KERALA)
                              AND
                  SRI.K.J.THOMAS STANLEY
                   (RETD. DISTRICT JUDGE)
    ==================================
                    M.A.C.A.No.735 of 2005
     =================================
           Dated this the 26th day of February, 2009

                            AWARD


     Counsel for the appellant is present.        Officials of the

Insurance Company and counsel for the Insurance Company are

also present. Parties agreed that the appeal can be settled at an

enhancement of Rs.5,000/-(Rupees five thousand only). So, the

Insurance Company is directed to pay enhanced compensation of

Rs.5,000/-(Rupees five thousand only) to the appellant within a

period of 60 days from the date of the Award, failing which the

said amount will carry interest at the rate of 9% per annum.

     M.A.C.A is settled as above.




                                   SUMATHI DANDAPANI
                  (SENIOR ADVOCATE, HIGH COURT OF KERALA)




                                   K.J.THOMAS STANLEY
                                 (RETD. DISTRICT JUDGE)
dvs


? IN THE HIGH COURT OF KERALA AT ERNAKULAM

+WP(C).No. 35008 of 2008(P)


#1. JOSE, AGED 55 YEARS, S/O.VAREED,
                      ...  Petitioner
2. KOCHUTHRESSIA, W/O.JOSE, MECHERY

                        Vs



$1. REETHA ANTHONY, W/O.ANTHONY,
                       ...       Respondent

!                For Petitioner  :SRI.RENJITH THAMPAN

^                For Respondent  :SRI.G.SREEKUMAR (CHELUR)

*Coram
 The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

% Dated :26/02/2009

: O R D E R

M.SASIDHARAN NAMBIAR,J.

——————————————
W.P(C).NO.35008 OF 2008

——————————————

             Dated        26th     February 2009


                          JUDGMENT



Petitioners are plaintiffs in O.S.1752/2005

on the file of Munsiff court, Thrissur. This petition

is filed under Article 227 of Constitution of India

challenging Ext.P2 order passed by Additional Munsiff

in I.A.8008/2007, an application filed to set aside

the report and plan submitted by the Commissioner.

Ext.P1 is the report and plan submitted by the

Commissioner. Case of the petitioners is that the

total extent of the property belonging to him under

sale deed 3164/92 and 2828/93 is 8< cents in

survey No.731/2 and 732/1 of Chembukkavu village and

as per Ext.P1 report and plan the extent shown by the

Commissioner is only 7.910 cents and learned Munsiff

should have set aside the report.

2. Ext.P1 report shows that the

Commissioner found that though in sale deed obtained

by the petitioners and in the anterior document of

title viz. partition deed No.323/87 the property is

WPC 35008/08
2

shown as in survey No.731/2 and 732/1, there is no

such property and property is actually in survey

No.731/1. Commissioner also reported that there is no

physical boundary to enable the Commissioner to locate

the said property and the properties were fixed in

agreement with petitioners and respondent as that

there shortage of extent. It is based on the extent

fixed by the Commissioner which is less than the extent

available in the documents of title of the the

petitioners, the objection is raised. But the extent

fixed by the Commissioner in respect of the property

of respondent is also than the one shown in the

partition deed. In such circumstances, it is a matter

for the court to decide in the suit whether the

identification and demarcation in the plan and report

submitted by the Commissioner is to be accepted or not.

I find no reason to interfere with Ext.P2 order.

Writ petition is dismissed.

M.SASIDHARAN NAMBIAR,
JUDGE.

uj.