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JANAKI, D/O.LATE PARVATHY versus KESAVAN NAMPOODIRI

High Court of Kerala

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JANAKI, D/O.LATE PARVATHY v. KESAVAN NAMPOODIRI - WP(C) No. 30666 of 2005(A) [2007] RD-KL 8851 (29 May 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 30666 of 2005(A)

1. JANAKI, D/O.LATE PARVATHY,
... Petitioner

Vs

1. KESAVAN NAMPOODIRI,
... Respondent

For Petitioner :SRI.RAJESH VIJAYAN

For Respondent :SRI.DINESH R.SHENOY

The Hon'ble MR. Justice PIUS C.KURIAKOSE

Dated :29/05/2007

O R D E R

PIUS C. KURIAKOSE, J.

W.P.(C) No. 30666 OF 2005

Dated this the 29th day of May, 2007



JUDGMENT

Ext.P8 order by which the learned Munsiff refused to refer the question of Kudikidappu claimed by the respondent-defendant over the suit property is under challenge in this proceeding under Article 227 of the Constitution of India. It is clear on a reading of Ext.P8 that the learned Munsiff had kept in mind the judgment of the Supreme Court in Thomas Antony v. Varkey [2000(1) KLT 12 (SC)] and other judicial precedents governing the issue. It cannot be said that Ext.P8 order is so wholly unreasonable as to warrant interference under the visitorial jurisdiction of this Court under Article 227. Et.P8 is confirmed and the Writ Petition is dismissed. No costs.

PIUS C. KURIAKOSE, JUDGE

btt WPC 2


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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