IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 7486 of 2005(N)
1. PACHATT VELAYUDHAN, AGED 72 YEARS,
... Petitioner
2. DO. VANAJAKSHI, AGED 67 YEARS,
Vs
1. KOTTASSERI KAMALA, D/O. KRISHNAN,
... Respondent
2. THALIYADATH LAKSHMANAN S/O. KITTA, DO.
3. N.LEELA W/O. KANDOTH BALAKRISHNAN,
4. N.VINOD KUMAR,
5. N.SHAMOD KUMAR
For Petitioner :SRI.M.GOPIKRISHNAN NAMBIAR
For Respondent :SRI.V.K.BALACHANDRAN
The Hon'ble MR. Justice PIUS C.KURIAKOSE
Dated :29/06/2007
O R D E R
PIUS C. KURIAKOSE, J.
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W.P.(C) No. 7486 OF 2005
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Dated this the 29th day of June, 2007
JUDGMENT
Normally, I would not have interfered with Ext.P7 order since
apparently the same is a reasoned one. But I notice that the learned
Munsiff himself had rendered assistance of the surveyor to the advocate
commissioner for identifying the properties. The commissioner had
reported that he had not availed the assistance of the surveyor since the
parties were not able to show him the properties is question. In view of
the finality attained in the matter of rendering assistance of surveyor to
the advocate commissioner, I am of the view that the learned Munsiff
should have directed the advocate commissioner to have a
measurement of the properties with the assistance of the surveyor who
had been deputed by him earlier. To that extent Ext.P7 has to be
interfered with.
I interfere with Ext.P7 and direct the learned Munsiff to give a
specific direction to the commissioner to have a measurement of the
property in question and that endeavour can be made by the
commissioner to identify the property with reference to Ext.P2 document
aslo. The suit being of 1995, the learned Munsiff will pass appropriate
orders and ensure that the Commissioner files the report on time. Once
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the report is available, the learned Munsiff will special list for trial and
dispose of the same so that this long drawn out litigation will come to a
quietus.
PIUS C. KURIAKOSE, JUDGE
btt
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