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PACHATT VELAYUDHAN, AGED 72 YEARS versus KOTTASSERI KAMALA, D/O. KRISHNAN

High Court of Kerala

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PACHATT VELAYUDHAN, AGED 72 YEARS v. KOTTASSERI KAMALA, D/O. KRISHNAN - WP(C) No. 7486 of 2005(N) [2007] RD-KL 11609 (29 June 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 7486 of 2005(N)

1. PACHATT VELAYUDHAN, AGED 72 YEARS,
... Petitioner

2. DO. VANAJAKSHI, AGED 67 YEARS,

Vs

1. KOTTASSERI KAMALA, D/O. KRISHNAN,
... Respondent

2. THALIYADATH LAKSHMANAN S/O. KITTA, DO.

3. N.LEELA W/O. KANDOTH BALAKRISHNAN,

4. N.VINOD KUMAR,

5. N.SHAMOD KUMAR

For Petitioner :SRI.M.GOPIKRISHNAN NAMBIAR

For Respondent :SRI.V.K.BALACHANDRAN

The Hon'ble MR. Justice PIUS C.KURIAKOSE

Dated :29/06/2007

O R D E R

PIUS C. KURIAKOSE, J.

W.P.(C) No. 7486 OF 2005

Dated this the 29th day of June, 2007



JUDGMENT

Normally, I would not have interfered with Ext.P7 order since apparently the same is a reasoned one. But I notice that the learned Munsiff himself had rendered assistance of the surveyor to the advocate commissioner for identifying the properties. The commissioner had reported that he had not availed the assistance of the surveyor since the parties were not able to show him the properties is question. In view of the finality attained in the matter of rendering assistance of surveyor to the advocate commissioner, I am of the view that the learned Munsiff should have directed the advocate commissioner to have a measurement of the properties with the assistance of the surveyor who had been deputed by him earlier. To that extent Ext.P7 has to be interfered with. I interfere with Ext.P7 and direct the learned Munsiff to give a specific direction to the commissioner to have a measurement of the property in question and that endeavour can be made by the commissioner to identify the property with reference to Ext.P2 document aslo. The suit being of 1995, the learned Munsiff will pass appropriate orders and ensure that the Commissioner files the report on time. Once WPC No.7486 of 2005 2 the report is available, the learned Munsiff will special list for trial and dispose of the same so that this long drawn out litigation will come to a quietus.

PIUS C. KURIAKOSE, JUDGE

btt WPC No.7486 of 2005 3


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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