1 OPC 1315/24 2025:KER:28234 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947 OP(C) NO. 1315 OF 2024 OS NO.1233 OF 2017 OF II ADDITIONAL MUNSIFF COURT, ERNAKULAM PETITIONER/S: ADV V DEVASHIKHAMONY,AGED 79 YEARS,S/O.VANNYANATHAN,1154A, NEAR PALIAM LANE, MATTANCHERRY, KOCHI, PIN - 682002 BY ADVS.P.T.JOSE/K.G.GOPAKUMAR ALTHAF P.A./ABREM K. JOY NITHIN ANTONY JOSE VINEETH P.BABY RESPONDENT/S: 1 ABDUL NAZAR SAIT,AGED 47 YEARS 40/473, MUNJAPPILLY BUNGLOW, JEWS STREET, COLLEGE PO, ERNAKULAM, ERNAKULAM VILLAGE, KANAYANNUR TALUK, PIN - 682035 2 ADDITIONAL THAHASILDAR, KANAYANMAR TALUK, TALUK OFFICE, ERNAKULAM, PIN - 682011 3 TALUK SURVEYOR, KANAYANNUR TALUK, TALUK OFFICE, ERNAKULAM, KOCHI, PIN - 682011 4 VILLAGE OFFICER ERNAKULAM VILLAGE, ERNAKULAM, PIN - 682011 5 SUB REGISTRAR ( SOUGHT TO BE IMPLEADED ) ERNAKULAM SUB REGISTRAR OFFICE, SECOND FLOOR M G ROAD, ABOVE KEERTHILAL JEWELLERY, KPCC JUNCTION, ERNAKULAM BY ADVS. JAYACHANDRAN KV RAJU V.MATHEW(K/122/1997) HARISHANKAR K.J.(K/1871/2020) OTHER PRESENT: GP SRI. S. UNNIKRISHNAN THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 01.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 OPC 1315/24 2025:KER:28234 JUDGMENT (Dated this the 1st day of April 2025) The petitioner is the plaintiff in O.S.No.1233 of 2017 before the 2nd Additional Munsiff Court, Ernakulam; the respondents are the defendants. The suit is filed for a decree of permanent prohibitory injunction restraining defendants from forcefully trespassing into plaint A schedule property, including plaint B schedule property or committing any waste therein by constructing any boundary wall on the plaint B schedule property or alienating plaint B schedule property to strangers. The defendants filed a written statement denying the averments in the plaint. 2. In the trial, the plaintiff was examined as PW1 and Exts.A1 to A8 were marked. The 1st defendant was examined as DW1, and Exts.B1 to B7 were marked. DW2 was also 3 OPC 1315/24 2025:KER:28234 examined. At the time of examination of DW2, Exts.B8 to B17 were produced. Since Ext.Nos.B8 to B17 were produced after completing cross-examination of DW1; the plaintiff did not get any opportunity to confront those documents with DW1 and to cross-examine. Therefore, the petitioner filed I.A.No.23 of 2024, to reopen the evidence, recall DW1 and cross-examine him. 3. The 1st respondent filed an objection, but the trial court allowed the petition on 01.03.2024. The 1st respondent filed R.P.No.26 of 2024 to review the order in I.A.No.23 of 2024. The petitioner filed an objection. The trial court allowed R.P.No.26 of 2024 and reviewed the order in I.A.No.23 of 2024. Ext.P16 is the order in I.A.No.23 of 2024; the same was produced as additional documents through I.A.No.1 of 2024. In Ext.P8 order as well as in Ext.P6 application, all the parties to the suit were not made parties. Therefore, being an error 4 OPC 1315/24 2025:KER:28234 apparent on the face of the record, the petitioner filed R.P.No.38 of 2024, to review Ext.P8 order. 4. While the 1st respondent filed I.A. No.29 of 2024 to correct the cause title of R.P., another I.A. was filed as I.A.No.30 of 2024 by the petitioner, to correct the provision in R.P. The trial court, by Ext.P14 order, allowed I.A.No.30 of 2024 in R.P.No.38 of 2024 and by Ext.P15 order in I.A.No.29 of 2024 in R.P.No.26 of 2024, was also allowed. The petitioner challenges Ext.P8, P14 and P15 orders in this Original Petition. 5. In Ext.P16, the trial court allowed the petitioner to recall DW1 and further cross-examine. But when R.P.No.26 of 2024 was filed, the trial court reviewed the order in I.A. No.23 of 2024 passed on 1.3.2024, and allowed DW1 to cross- examine Ext.Nos.B10, B11, B13, and B16. 6. The counsel for the respondents conceded before this court that he is ready to appear before the court on any day, as 5 OPC 1315/24 2025:KER:28234 fixed by the court and subject himself to cross-examining, not limited to the order passed in Ext.P8. Therefore, this O.P.(C) is disposed of, setting aside Ext.P8 and sustaining Ext.P16. The trial court is directed to fix a date for cross-examining DW1 by PW1. It is made clear that the plaintiff/petitioner is entitled to cross-examine the 1st defendant/1st respondent in all respects and not by limiting to Ext.Nos.B10, B11, B13 and B16. Since the suit is of the year 2017, there will be a further direction to the Munsiff, Ernakulam, to dispose of the suit (O.S. No.1233 of 2017) within 3 months, after closing of evidence. Sd/- BASANT BALAJI JUDGE dl/ 6 OPC 1315/24 2025:KER:28234 APPENDIX OF OP(C) 1315/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE PLAINT IN O.S. NO. 1233 OF 2017 DATED 8/10/2017 OF THE MUNSIFFS COURT, ERNAKULAM Exhibit P2 TRUE COPY OF THE WRITTEN STATEMENT DATED 23/11/2017 FILED BY THE 1ST DEFENDANT Exhibit P3 TRUE COPY OF THE WRITTEN STATEMENT DATED 24/11/2017 FILED BY THE D2- D4 Exhibit P4 TRUE COPY ORDER IN I.A. NO. 3 /2021 DATED 25/3/2022 DIRECTED THE DEFENDANTS 2 TO 4 TO PRODUCE ALL THE RECORDS IN CONNECTION WITH THE DISPUTE OF THE ABOVE CASE CASE, Exhibit P5 TRUE COPY OF I.A. NO. 23 OF 2024 DATED 21/02/2024 TO RECALL DW1 FOR FURTHER CROSS-EXAMINATION AFTER REOPENING THE EVIDENCE Exhibit P6 TRUE COPY OF THE REVIEW PETITION AS TRR.P. NO. 26/2024 DATED 07/03/2024 TO REVIEW THE ORDER IN I.A. NO. 23/2024 DATED 01/03/2024 Exhibit P7 TRUE COPY OF OBJECTION DATED 14/03/2024 TO THE APPLICATION, Exhibit P8 TRUE COPY OF THE ORDER IN I.A. NO. 23 OF 2024 BY ORDER DATED 19/03/2024 AND REVIEWED THE ORDER IN I.A. NO. 23/2024 TO THE EXTENT THAT DW1 CAN BE CROSS-EXAMINED ONLY WITH RESPECT TO EXT. B10,B11,B13 AND AS TO WHETHER EXT. B16 SKETCH IS FINAL, Exhibit P9 TRUE COPY OF THE REVIEW PETITION Exhibit P10 TRUE COPY OBJECTION DATED 05/04/2024 FILED BY THE 1ST RESPONDENT TO EXT. P9 DENYING THE CONTENTIONS THEREIN, Exhibit P11 TRUE COPY OF THE I.A. NO. 29 OF 2024 DATED 08/04/2024 FILED BY THE 1ST RESPONDENT CORRECTION PETITION TO CORRECT THE CAUSE TITLE OF EXT.P6 REVIEW PETITION, Exhibit P12 TRUE COPY OF THE OBJECTION FILED BY THE 7 OPC 1315/24 2025:KER:28234 PETITIONER DATED 11/4/2024 TO EXT. P11, Exhibit P13 TRUE COPY OF THE I.A. NO.30 OF 2024 DATED 11/04/2024 FILED BY THE PETITIONER Exhibit P14 TRUE COPY OF THE COMMON ORDER IN I.A. NO. 30 OF 2024 DATED 05.06.2024, 11ND ADDITIONAL MUNSIFF'S COURT, ERNAKULAM Exhibit P15 TRUE COPY OF THE COMMON ORDER R.P. NO. 38 OF 2024 DATED 05.06.2024, 11ND ADDITIONAL MUNSIFF'S COURT, ERNAKULAM Exhibit P 16 TRUE COPY OF THE CERTIFIED COPY OF THE ORDER IN IA 23/2024 IN O.S. 1233 /2017 DATED 1/3/2024 OF THE II ADDL. MUNSIFF COURT Exhibit P 17 TRUE COPY OF THE CERTIFIED COPY OF THANDAPER NO.11261 WHICH IS MARKED AS EXHIBIT B8 BEFORE THE COURT BELOW Exhibit P 18 TRUE COPY OF THE CERTIFIED COPY THANDAPER NO.11316 WHICH IS MARKED AS EXHIBIT B9 BEFORE THE COURT BELOW Exhibit P 19 TRUE COPY OF THE CERTIFIED COPY OF JUDGMENT DT 05 09 2013 WHICH IS MARKED AS EXHIBIT B10 BEFORE THE COURT BELOW Exhibit P 20 TRUE COPY OF THE CERTIFIED COPY OF PROCEEDINGS NO.S6 14654/2013WHICH IS MARKED AS EXHIBIT B11 BEFORE THE COURT BELOW Exhibit P 21 TRUE COPY THE CERTIFIED COPY OF THANDAPER NO.20858 WHICH IS MARKED AS EXHIBIT B12 BEFORE THE COURT BELOW Exhibit P 22 TRUE COPY OF THE CERTIFIED COPY OF APPLICATION FILED BY 1ST DEFENDANT WHICH IS MARKED AS EXHIBIT B13 BEFORE THE COURT BELOW Exhibit P 23 TRUE COPY OF THE CERTIFIED COPY OF NOTICE DT 11 09 2017 ISSUED BY TALUK OFFICE, KANAYANNUR TALUK WHICH IS MARKED AS EXHIBIT B14 BEFORE THE COURT BELOW Exhibit P 24 TRUE COPY OF THE CERTIFIED COPY OF SURVEY REPORT DT 4/11/2017 WHICH IS MARKED AS EXHIBIT B15 BEFORE THE COURT BELOW 8 OPC 1315/24 2025:KER:28234 Exhibit P 25 TRUE COPY OF THE CERTIFIED COPY OF SURVEY SKETCH WHICH IS MARKED AS EXHIBIT B16 BEFORE THE COURT BELOW Exhibit P 26 TRUE COPY OF THE CERTIFIED COPY OF NOTICE DATED 25/10/2017 WHICH IS MARKED AS EXHIBIT B17 BEFORE THE COURT BELOW Exhibit P 27 TRUE COPY OF THE CERTIFIED COPY OF THE EVIDENCE ADDUCED BY THE DEFENDANT NO.2 ON BEHALF OF 3RD AND 4TH DEFENDANTS RESPONDENT EXHIBITS Exhibit R1(A) The true copy of the Order in CMA No.42/2018 dated 17-02-2020 of the Addl District Court-VIII, Ernakulam Exhibit R1(B) The true copy of the Judgement dated 08-11-2023 in OP(C) No.1296/2023 of the Honourable High Court of Kerala Corrected