P. V. HENRY v. M.G. VIDHYADHARAN
Court: High Court of Kerala
Bench: HONOURABLE MR.JUSTICE VIJU ABRAHAM
Judgment date:
Case summary
High Court of Kerala judgment dated 2024-08-05. P. V. HENRY v. M.G. VIDHYADHARAN. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE VIJU ABRAHAM TH MONDAY, THE 5 DAY OF AUGUST 2024 / 14TH SRAVANA, 1946 OP(C) NO. 378 OF 2024 AGAINST THE ORDER DATED 25. 01. 2024 IN I. A. NO. 3/202 IN OS NO. 670 OF 2018 OF ADDITIONAL MUNSIFF COURT,KOCHI PETITIONER/RESPONDENT/PLAINTIFF: P. V. HENRY AGED 57 YEARS PATHAPPILLY HOUSE, VENNALA P. O. , EDAPPALLY SOUTH VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT, PIN - 682028 BY ADVS. K. M. SANAL P. B. JEFIN RESPONDENT/PETITIONERS/DEFENDANTS: 1 M. G. VIDHYADHARAN MAKKAYIL HOUSE, VENNALA KARA, VENNALA P. O. , EDAPPALLY SOUTH VILLAGE, ERNAKULAM DISTRICT, PIN - 682028 2 VIJAYAKUMAR MAKKAYIL HOUSE, VENNALA KARA, VENNALA P. O. , EDAPPALLY SOUGHT VILLAGE, ERNAKULAM DISTRICT, PIN - 682028 3 PREMJI MAKKAYIL HOUSE, VENNALA KARA, VENNALA P. O. , EDAPPALLY SOUGHT VILLAGE, ERNAKULAM DISTRICT, PIN - 682028 O. P. (C). No. 378 of 2024 : 2 : 4 SUSHAMA M. V. W/O RAGHAVAN P. K. , PANDARAPARAMBIL, KANJIRAMATOM, PIN - 682315 BY ADVS.
K. PAUL KURIAKOSE K. HABEEBULLA(K/1102/1993) K. A. ANISH(K/741/2007) ELDO KURIAKOSE(K/1074/1993) ZACHARIAH GEORGE. K. (K/001886/2023) THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 05. 08. 2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O. P. (C). No. 378 of 2024 : 3 : VIJU ABRAHAM, J. - - - - - - - - - - - - - - - - - - - - - - - - - - O. P. (C) No. 378 of 2024 - - - - - - - - - - - - - - - - - - - - - - - - - -th Dated this the 5 day of August, 2024 JUDGMENT The petitioner has approached this Court challenging Ext. P10 order dated 25. 01. 2024 in I. A. No. 3/2020 in O. S. No. 670/2018 of the Munsiff's Court, Ernakulam, whereby Ext. P8 counter claim filed was accepted. 2. The specific contention of the petitioner is that though in the counter claim statement it is stated that the respondents came to know about the encroachment during January 2019, in the written statement filed on 25. 03. 2019 the said aspect is not seen reflected.
Therefore, it is contended that there is no bonafides in filing the claim petition at this belated stage. 3. The learned counsel for the respondents submits that in paragraph 20 of Ext. P6 written statement, it has an answer to the averments in the plaint. Thereafter in March 2020, the petitioner has raised a counter claim and filed a petition to grant leave to file additional pleadings by way of counter claim, which has been allowed as per Ext. P10 order. After hearing both sides, I am of the view that there is no O. P. (C). No. 378 of 2024 : 4 : jurisdictional error on the part of the learned Munsiff in allowing I. A. No. 3/2020 permitting the respondents to file additional pleadings in O. S. No. 670/2018 by way of a counter claim. In view of the above, I find no reason to interfere with Ext. P10 and the original petition is accordingly, dismissed. The contentions raised by the petitioner are all matter of evidence, which could be raised at the time of trial.
Sd/- VIJU ABRAHAM JUDGE sm/ : 5 : APPENDIX OF OP(C) 378/2024 TRUE COPY OF THE PLAINT IN OS. NO. 670/2018 TRUE COPY OF THE INJUNCTION APPLICATION IA. NO. 4134/2018 TRUE COPY OF THE ORDER IN IA. NO. 4134/2018 PASSED BY THE HON’BLE MUNSIFF’S COURT TRUE COPY OF THE COMMISSION REPORT ALONG WITH THE ROUGH SKETCH FILED BY THE ADVOCATE COMMISSIONER DATED 18/07/2018 TRUE COPY OF THE COUNTER AFFIDAVIT TO IA. NO. 4134/2018 DATED 23/10/2018 TRUE COPY OF THE WRITTEN STATEMENT DATED 25/03/2019 FILED BY THE RESPONDENT TRUE COPY OF THE PETITION IA. NO. 3/2020 TRUE COPY OF THE COUNTER CLAIM DATED 03/03/2020 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE PETITIONER TO THE IA. NO. 3/2020 TRUE COPY OF THE ORDER IN IA. 3/2020 DATED 25/01/2024
Source: High Court of Kerala. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.