High Court Kerala High Court

Radhakrishnan vs Sathiamma Sathyabhama on 17 June, 2009

Kerala High Court
Radhakrishnan vs Sathiamma Sathyabhama on 17 June, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 728 of 2009(J)


1. RADHAKRISHNAN, HARISADANAM, KADAMPANADU
                      ...  Petitioner
2. AJIKUMAR, HARISADANAM
3. RADHAMONY, HARISADANAM,
4. REMA BHAI, HARISADANAM,

                        Vs



1. SATHIAMMA SATHYABHAMA,
                       ...       Respondent

                For Petitioner  :SRI.D.KISHORE

                For Respondent  :SRI.DINESH R.SHENOY

The Hon'ble MR. Justice S.S.SATHEESACHANDRAN

 Dated :17/06/2009

 O R D E R
              S.S.SATHEESACHANDRAN, J.
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                W.P.(C).NO.728 OF 2009 ()
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          Dated this the 17th day of June, 2009

                      J U D G M E N T

The Commission report and plan filed in a final decree

proceedings were impeached by the petitioners contending

that the report and plan suffer from serious infirmities, and so

much so, they are liable to be set aside. The learned Munsiff,

after examining the objections raised was not inclined to

accept them and the objections were overruled under Ext.P6

order. Propriety and correctness of that order is impeached in

this writ petition invoking the supervisory jurisdiction of this

Court vested under Article 227 of the Constitution of India.

2. At the time of hearing, the learned counsel for the

petitioner submitted that the final decree proceedings are

over with the court below having already passed a decree. So

much so, reserving his right to challenge the merit of the

commission report and plan as well as the decree passed in

the appeal, the writ petition may be disposed of. Writ petition

WPC.728/09 2

is, therefore, disposed making it clear that it is open to the

petitioner to take whatever challenges against the commission

report and plan as well as the final decree in appropriate

proceedings as provided by law.

S.S.SATHEESACHANDRAN
JUDGE

prp

S.S.SATHEESACHANDRAN, J.

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CRL.R.P.NO. OF 2006 ()

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O R D E R

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23rd March, 2009