IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 19107 of 2009(O)
1. PATHUMMA, W/O PAREED,
... Petitioner
2. NAVAS, S/O. OF PAREED, PALLATHUPARA
3. NISSA, D/O.PAREED,
4. NAZRATH, D/O. PAREED, PALLATHUPARA HOUSE
Vs
1. VEERAN,
... Respondent
For Petitioner :SRI.M.P.MOHAMMED ASLAM
For Respondent : No Appearance
The Hon'ble MR. Justice S.S.SATHEESACHANDRAN
Dated :08/07/2009
O R D E R
S.S.SATHEESACHANDRAN, J.
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W.P.(C).NO.19107 OF 2009 (O)
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Dated this the 8th day of July, 2009
J U D G M E N T
The writ petition is filed by the defendants in
O.S.No.4/2007 on the file of the Munsiff’s Court,
Perumbavoor. The challenge raised in the petition is against
an order passed by the court below appointing an Advocate
Commissioner to identify the plaint property on the request
made by the plaintiff. Suit is one for injunction. The
petitioners/defendants has disputed the identity of the
property. The contention raised to impeach the order of the
court below is that a Commissioner had already conducted
local inspection and filed a report and a second Commission
cannot be ordered by the court. Ext.P3, copy of the report
prepared by the Commissioner earlier appointed by the court
would show that only a rough sketch was prepared. In the
nature of the relief claimed in the suit especially in view of the
WPC.19107/09 2
dispute canvassed by the defendants questioning the identify
of the suit property to sustain the suit claim, the plaintiff has
to prove its identity. The court below was fully justified in
allowing his application for appointment of a Commission to
measure out and identify the suit property. There is no merit
in the writ petition, and it is dismissed.
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