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SATHEE DEVI versus VIJAYAMMA

High Court of Kerala

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SATHEE DEVI v. VIJAYAMMA - WP(C) No. 2130 of 2007(C) [2007] RD-KL 1469 (18 January 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 2130 of 2007(C)

1. SATHEE DEVI
... Petitioner

Vs

1. VIJAYAMMA
... Respondent

For Petitioner :SRI.M.V.THAMBAN

For Respondent : No Appearance

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

Dated :18/01/2007

O R D E R

M.SASIDHARAN NAMBIAR, J.

........................................... W.P.(C)No.2130 OF 2007 ............................................

DATED THIS THE 18th DAY OF JANUARY, 2007



JUDGMENT

Petitioner is the defendant in O.S.386 of 1998 on the file of Munsiff Court, Varkala. Respondents are plaintiffs. This petition is filed under Article 227 of Constitution of India, for a direction to the Munsiff to dispose the suit expeditiously without entertaining frivolous objections. Under Ext.P5 order, learned Munsiff set aside the report and appointed another Commissioner to file a report. The contention of petitioner is that reports are being set aside one after another and there is no finality and the suit instituted in 1998 is being protracted and in such circumstances, learned Munsiff is to be directed to dispose the suit expeditiously.

2. Under Ext.P5 order, learned Munsiff set aside the report, finding that identity has not been properly fixed by the Commissioner. While appointing a new Commission, learned Munsiff directed the Commissioner to submit the report within two months from the date of receipt of the order. In such circumstances, learned WP(C)2130/2007 2 Munsiff is directed to see that the report is submitted without delay and thereafter dispose the suit as expeditiously as possible and without giving room for any complaint that the plaintiffs are protracting the trial. Writ petition is disposed of accordingly.

M.SASIDHARAN NAMBIAR, JUDGE

lgk/-


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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