MISSIONARY CONGREGATION OF THE BLESSED SACRAMENT Vs. ST. MARYS CHURCH ALANGAD, KARUMALOOR VILLAGE, PARAVUR TALUK, 683 511, REPRESENTED BY THE VICAR, AND OTHERS
LAWS(KER)-2017-7-298
HIGH COURT OF KERALA
Decided on July 19,2017

Missionary Congregation Of The Blessed Sacrament Appellant
VERSUS
St. Marys Church Alangad, Karumaloor Village, Paravur Taluk, 683 511, Represented By The Vicar, And Others Respondents

JUDGEMENT

A.HARIPRASAD, J. - (1.) Heard the learned counsel for the petitioner and the learned counsel appearing for the 24th respondent.
(2.) Petitioner is the plaintiff in O.S.No.98 of 2017 pending before the Munsiff's Court, North Paravur. Ext.P1 is the copy of plaint. Reliefs claimed in the suit are as follows: "1. Pass a decree for demarcating the boundary between plaint A and B schedule properties at the portion where the boundary wall between Plaint A and B schedule properties have been demolished. 2. Pass a consequential decree directing defendants to reconstruct the boundary wall in between the demolished portion or to reconstruct the boundary wall through the process of the court in case of disobedience to comply with such decree and to recover its cost from the defendants and their assets. 3. Pass a decree of mandatory injunction directing defendants to remove plaint D schedule obstruction on the main gate of A schedule property and reconstruct the main gate or to remove obstruction and reconstruct the main gate through the process of the court in case of disobedience to comply with such decree and to recover its cost from the defendants and their assets. 4. Pass a decree of mandatory injunction directing defendants to remove the obstruction in plaint E schedule gate or to remove it through the process of the court in case of disobedience to comply with such decree and to recover its cost from the defendants and their assets. 5. Pass a decree of mandatory injunction to close down F schedule gap by reconstructing the demolished portion of the boundary wall of plaint A schedule property or close down it by reconstructing the demolished boundary wall, through the process of the court in case of disobedience to comply with such decree and to recover its cost from the defendants and their assets. 6. Pass a consequential decree of permanent prohibitory injunction restraining defendants or anybody claiming under them from trespassing upon plaint A schedule property or any portion thereof or from damaging or committing mischief in plaint A schedule property or from obstructing or disturbing the plaintiff's peaceful possession and enjoyment of plaint A schedule property. 7. Pass such other reliefs as are deemed fit and necessary in the interest of justice and proper and effective adjudication of the suit."
(3.) Prayers in this petition read thus: "(a) Set aside Ext.P-9 order dated 3.4.2017 in I.A.No.857/2017 in O.S.No.98/2017 on the file of the Munsiff's Court, North Paravur after calling for the records leading thereto, or (b) Direct the Munsiff's Court, North Paravur to enable the petitioner to obtain report and plan by same Advocate Commission with assistance of Taluk Surveyor, together with the proceedings pursuant to Ext.P-9 order; and (c) Pass such other orders as are deemed fit and necessary in the interest of justice and for proper effective adjudication of the case.";


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