IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 728 of 2009(J)
1. RADHAKRISHNAN, HARISADANAM, KADAMPANADU
... Petitioner
2. AJIKUMAR, HARISADANAM
3. RADHAMONY, HARISADANAM,
4. REMA BHAI, HARISADANAM,
Vs
1. SATHIAMMA SATHYABHAMA,
... Respondent
For Petitioner :SRI.D.KISHORE
For Respondent :SRI.DINESH R.SHENOY
The Hon'ble MR. Justice S.S.SATHEESACHANDRAN
Dated :17/06/2009
O R D E R
S.S.SATHEESACHANDRAN, J.
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W.P.(C).NO.728 OF 2009 ()
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Dated this the 17th day of June, 2009
J U D G M E N T
The Commission report and plan filed in a final decree
proceedings were impeached by the petitioners contending
that the report and plan suffer from serious infirmities, and so
much so, they are liable to be set aside. The learned Munsiff,
after examining the objections raised was not inclined to
accept them and the objections were overruled under Ext.P6
order. Propriety and correctness of that order is impeached in
this writ petition invoking the supervisory jurisdiction of this
Court vested under Article 227 of the Constitution of India.
2. At the time of hearing, the learned counsel for the
petitioner submitted that the final decree proceedings are
over with the court below having already passed a decree. So
much so, reserving his right to challenge the merit of the
commission report and plan as well as the decree passed in
the appeal, the writ petition may be disposed of. Writ petition
WPC.728/09 2
is, therefore, disposed making it clear that it is open to the
petitioner to take whatever challenges against the commission
report and plan as well as the final decree in appropriate
proceedings as provided by law.
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