C.K.Jayaja vs C.G.Padmalatha on 1 November, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

RFA.No. 27 of 2003(C)



1. C.K.JAYAJA
                      ...  Petitioner

                        Vs

1. C.G.PADMALATHA
                       ...       Respondent

                For Petitioner  :SRI.T.C.MOHANDAS

                For Respondent  :SMT.C.G.PADMALATHA,ELAYAVOOR,KANNUR.PART

The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
The Hon'ble MR. Justice P.BHAVADASAN

 Dated :01/11/2010

 O R D E R
            THOTTATHIL B.RADHAKRISHNAN &
                      P. BHAVADASAN, JJ.
                  -------------------------------------------
                       R.F.A.No.27 OF 2003
                  -------------------------------------------
            Dated this the 1st day of November, 2010


                             JUDGMENT

Thottathil B.Radhakrishnan, J.

We have seen the endorsement of the office following the

earlier order. No further notice need be issued.

This appeal arises from the final decree in a suit for

partition. The short issue arising for decision is as to whether

the appealing defendant had an opportunity to object to the

commissioner’s report obtained in the final decree proceedings.

According to her, she had filed objections, however, that it was

not considered by the court below. As a matter of fact, it

appears that the commissioner’s report was returned for curing

defects and the learned counsel for the appellant is right in

pointing out that the said objections were obtained from the

court below on return, after the matter was decided and the

same has been placed on record in this court along with

RFA.27/03

2

I.A.1932/05. We have seen the said statement of objections with

endorsements and we are satisfied that the matter deserves re-

consideration at the hands of the court below.

For the aforesaid reasons, the impugned final decree is set

aside and the matter is remitted to the court below to consider

the objections raised by the defendant to the commissioner’s

report. The said objections are received by this Court and would

stand transmitted forthwith, along with LCR, if received. For this

purpose, I.A.1932/10 is allowed. Since the respondent did not

appear, the court below will issue notice to that party. The

appellant is directed to appear before the court below on

1.12.2010. The appeal is ordered accordingly.

Sd/-

THOTTATHIL B.RADHAKRISHNAN,
Judge.

Sd/-

P.BHAVADASAN,
Judge.

kkb.2/11.