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CHELLAN, S/O. NANJAN versus M.C.ARUMUGHAN

High Court of Kerala

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CHELLAN, S/O. NANJAN v. M.C.ARUMUGHAN - WP(C) No. 32661 of 2004(L) [2007] RD-KL 10713 (20 June 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 32661 of 2004(L)

1. CHELLAN, S/O. NANJAN,
... Petitioner

Vs

1. M.C.ARUMUGHAN,
... Respondent

For Petitioner :SRI.SANTHEEP ANKARATH

For Respondent :SRI.K.M.SATHYANATHA MENON

The Hon'ble MR. Justice PIUS C.KURIAKOSE

Dated :20/06/2007

O R D E R

PIUS C. KURIAKOSE, J.

W.P.(C) NO.32661 of 2004

Dated this the 20th day of June 2007



JUDGMENT

Heard both sides. I feel that having regard to the view taken by the learned Munsiff himself in Ext.P8, I.A.250/2004 should have been allowed. Accordingly, Ext.P7 is set aside and I.A. No.250/2004 is allowed. The learned Munsiff will appoint the very same Commissioner who submitted the report which is subject matter of Ext.P8. All expenses of the Advocate Commissioner as per the present order will be borne by the petitioner himself. Such expenses shall not form part of the cost of the suit. The learned Munsiff will issue proper directions to ensure that the commissioner files report at the earliest. The court will evaluate the commission report which is refused to set aside as per Ext.P8 as well as commission report obtained pursuant to this judgment as part of evidence in the case along with other evidence which comes on record during trial and take WPC No. 32661/2004 2 decision in the suit. It is needless to mention that if the same commissioner who prepared the report which is subject matter of Ext.P8 is not available, it is open to the learned Munsiff to appoint any other Advocate of his choice as a Commissioner. The writ petition is allowed. No costs. PIUS C. KURIAKOSE,

JUDGE.

Dpk


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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