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M.VASU, S/O. MADHAVAN versus G.SASANKAN, S/O. GANGADHARAN

High Court of Kerala

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M.VASU, S/O. MADHAVAN v. G.SASANKAN, S/O. GANGADHARAN - WP(C) No. 1509 of 2005(D) [2006] RD-KL 2012 (28 November 2006)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 1509 of 2005(D)

1. M.VASU, S/O. MADHAVAN,
... Petitioner

Vs

1. G.SASANKAN, S/O. GANGADHARAN,
... Respondent

2. K.GANGADHARAN, S/O. KESAVAN,

For Petitioner :SRI.G.S.REGHUNATH

For Respondent :SRI.M.R.ANANDAKUTTAN

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

Dated :28/11/2006

O R D E R

M.SASIDHARAN NAMBIAR, J.

W.P.C.NO.1509 OF 2005(D)

Dated this the 28th day of November, 2006.



JUDGMENT

Petitioner is the plaintiff in O.S.208/93 on the file of Munsiff Court, Attingal. Respondents are the defendants. Petitioner filed Ext.P4 application under Order XXVI Rule 10 (3) of Code of Civil Procedure to remit the report submitted by the commissioner, after verifying the objections raised therein. The grievance of petitioner is that the direction given by this court in Ext.P5 order was not complied by the commissioner and therefore commissioner is to be directed to file a further report. Under Ext.P5 order, learned Munsiff did not dispose Ext.P4 application. Instead petition was posted along with suit holding that it can be considered along with the suit.

2. As rightly pointed out by learned counsel appearing for petitioner before proceeding to record the evidence in the suit, court has to decide whether the report submitted by the commissioner is to be remitted or not. The court has to consider whether the direction in Ext.P3 order has been carried out by the commissioner or not and if not complied with whether the report is to be remitted back to the commissioner. This writ petition is disposed directing Munsiff Court, Attingal, to dispose of I.A.2158/04, in accordance with law, after hearing both parties before recording the evidence in the suit. Court may dispose the matter as expeditiously as possible. M.SASIDHARAN NAMBIAR,

JUDGE.

bkn


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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