K.N.Sreekumar vs Ravi Kumar Alias Ravindran on 14 December, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 36047 of 2009(O)


1. K.N.SREEKUMAR, S/O.NARAYANAN NAIR,
                      ...  Petitioner

                        Vs



1. RAVI KUMAR ALIAS RAVINDRAN,
                       ...       Respondent

                For Petitioner  :SRI.PAUL K.VARGHESE

                For Respondent  : No Appearance

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

 Dated :14/12/2009

 O R D E R
              S.S.SATHEESACHANDRAN, J.
                   -------------------------------
             W.P.(C).NO.36047 OF 2009 (O)
                 -----------------------------------
       Dated this the 14th day of December, 2009

                       J U D G M E N T

Writ petition is filed by the 2nd defendant in O.S.No.159

of 2005 on the file of the Sub Court, Ernakulam, challenging

the order passed by the learned Sub Judge allowing a

commission application moved by the plaintiff.

2. I heard the learned counsel for the petitioner. Having

regard to the submissions made with reference to the facts

and circumstances presented and also the

directions/observations made by this Court in Ext.P4 judgment

rendered in a previous writ petition involving the parties, I

find the objection canvassed against the appointment of a

commission by the court below cannot be approved, and at

any rate, a challenge thereto invoking the visitorial

jurisdiction of this Court under Article 227 of the Constitution

WPC.36047/09 2

of India is not entertainable. Writ petition lacks merit, and it

is dismissed.

S.S.SATHEESACHANDRAN
JUDGE

prp