Jose Kurian vs P.J. Tarshis on 15 February, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 29571 of 2005(U)


1. JOSE KURIAN, AGED 45 YEARS,
                      ...  Petitioner

                        Vs



1. P.J. TARSHIS, S/O. P.C. JOSEPH,
                       ...       Respondent

                For Petitioner  :SRI.RENJITH THAMPAN

                For Respondent  :SRI.K.G.BALASUBRAMANIAN

The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR

 Dated :15/02/2008

 O R D E R
                  C.N. RAMACHANDRAN NAIR, J.
                  --------------------------------------------
                       W.P.C. NO. 29571 OF 2005
                  --------------------------------------------
                Dated this the 15th day of February, 2008

                                JUDGMENT

Petitioner is challenging Ext.P9 whereunder the Sub Judge has

closed a suit filed by the petitioner in compliance with the direction in

Ext.P5 judgment issued by this Court. The dispute between the

petitioner and defendant pertains to boundary in respect of the land

assigned to them by the Government. This Court vide Ext.P5 judgment

issued necessary directions to the revenue authorities to demarcate the

boundaries and give sketch to both the parties. Since the direction

contained in the judgment was sufficient to close the suit, this Court

directed the civil court to close the suit if no other issues survive.

However, petitioner filed an amendment petition to enlarge the scope

of the suit only to circumvent the direction contained in the judgment.

The learned Sub Judge rightly observed so and closed the suit. I find

no ground to interfere with Ext.P9 order passed by the Sub Judge.

W.P. is accordingly dismissed. However, if the petitioner has any

grievance against the sketch furnished pursuant to the direction of this

2

Court, petitioner is free to challenge the same before the statutory

authority.

(C.N. RAMACHANDRAN NAIR)
Judge
kk

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