High Court Kerala High Court

G.Sreekrishna Bhat vs G.Duggamma on 2 July, 2007

Kerala High Court
G.Sreekrishna Bhat vs G.Duggamma on 2 July, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 18247 of 2003(V)


1. G.SREEKRISHNA BHAT, S/O.SUBARAYA BHAT,
                      ...  Petitioner

                        Vs



1. G.DUGGAMMA, W/O. LATE ACHUTHA BHAT.
                       ...       Respondent

2. G.SUBRAHMAYA BHAT,

3. G.MADHAVA BHAT,

                For Petitioner  :SMT.T.D.RAJALAKSHMI

                For Respondent  :SRI.K.G.GOURI SANKAR RAI

The Hon'ble MR. Justice PIUS C.KURIAKOSE

 Dated :02/07/2007

 O R D E R
                         PIUS C. KURIAKOSE, J.
                           -------------------------------
                      W.P.(C) No. 18247 OF 2003
                         -----------------------------------
                   Dated this the 2nd day of July, 2007

                                  JUDGMENT

The fervent and persuasive submissions of Sri.E.R.Venkiteswaran

notwithstanding, I am unable to agree with him when he submits that

Ext.P10 impugned order warrants correction by this court and that too

under the visitorial jurisdiction under Article 227 of the Constitution

which is to be exercised only under exceptional circumstances. In my

opinion the interest of the petitioners also is taken care of by the learned

Munsiff who has observed that it is open to the petitioner to adduce

evidence so that he will be able to substantiate those points on which

the commission report is apparently not adequate. The challenge

against Ext.P10 will fail. However, the learned Munsiff is directed to

permit the petitioner when the suit goes for trial to adduce whatever

evidence in substantiation of the objections he has raised to the

commissioner’s report and after the trial is over the court shall take a

decision initially on the question whether there is inadequacy in the

commissioner’s report. Confirmation of the impugned order by this

Court will not stand in the way of the Munsiff in taking a decision, if he

is convinced that the petitioner’s complaint that the commissioner’s

report is inadequate has some substance. Final judgment in the suit will

WPC No.18247 of 2003
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be delivered by the learned Munsiff only after an order is passed

regarding the adequacy of the commissioner’s report.

PIUS C. KURIAKOSE, JUDGE
btt

WPC No.18247 of 2003
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