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DAMODARA PAI-VITTALA PAI v. MATHAI ESSO - RP No. 28 of 1998(F) [2007] RD-KL 3844 (21 February 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

RP No. 28 of 1998(F)

1. DAMODARA PAI-VITTALA PAI
... Petitioner

Vs

1. MATHAI ESSO
... Respondent

For Petitioner :SMT.V.A.KASTHURI

For Respondent :SRI.MATHEW JOHN (K)

The Hon'ble the Acting Chief Justice MR.K.S.RADHAKRISHNAN

Dated :21/02/2007

O R D E R

K.S.RADHAKRISHNAN, Ag.C.J. R.P.No.28 of 1998 in C.R.P.No.1717 of 1997

Dated, this the 21st day of February, 2007

ORDER

I have perused the order passed in the Civil Revision Petition under review. For the reasons stated in the order the learned Judge was right in dismissing the revision. Reference was made to the commission report and survey plan. The Commissioner has unequivocally and unambiguously stated in paragraph 13 of the report Ext.C1 that no constructions were seen at the pathway mentioned in the decree. It was also reported that as per the decree, the decree holder has got every right to use the way shown in Ext.C1(a) without any hindrance from the judgment debtors. No ground to review that order has been made. Review petition is dismissed. K.S.RADHAKRISHNAN, Ag.CHIEF JUSTICE. vns


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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