George v. Peeli
Case brief
What is this about?
The Kerala High Court considered a revision petition challenging an Order dated 06/12/2005 appointing an Advocate Commissioner. The Court found the order ultra vires as it overlooked the obligation to build a compound wall and wrongly assigned costs. The revision was allowed in part.
What did the court decide?
Order dated 06/12/2005 modified; Commissioner appointed and wall construction directed at petitioner's expense; cost liability corrected from petitioner to respondent in execution petition.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 9TH JUNE 2008 / 19TH JYAISHTA 1930 CRP.No. 1236 of 2005() ---------------------AGAINST THE ORDER DATED 06/12/2005 IN EP 158 2004 IN OS.139/2001 of MUNSIFF COURT,MUVATTUPUZHA .................... REVN. PETITIONER: ------------------
GEORGE, AGED 58, S/O. VARKEY, KIZHAKKE ARANJANIYIL HOUSE, MUTHOLAPURAM KARA, ELENJI VILLAGE, MUVATTUPUZHA TALUK.
BY ADV. SRI.V.RAJENDRAN (PERUMBAVOOR) SRI.GEORGE VARGHESE KIZHAKKAMBALAM
- RESPONDENTS: ------------1. PEELI, S/O. KUNJOOTTY, KIZHAKKE THONDAYIL HOUSE, MUTHOLAPURAM KARA, ELENJI VILLAGE, MUVATTUPUZHA TALUK.
- APPACHAN, S/O. KUNJOOTTY, KIZHAKKE THONDIYIL HOUSE, MUTHOLAPURAM KARA, ELENJI VILLAGE, MUVATTUPUZHA TALUK.
- KUTTAYI, S/O. PAPPACHAN, KIZHAKKE THONDAYIL HOUSE, MUTHOLAPURAM KARA, ELENJI VILLAGE, MUVATTUPUZHA TALUK.
- KUNJOOTTY, S/O. PATHROSE, KIZHAKKE THONDAYIL HOUSE, MUTHOLAPURAM KARA, ELENJI VILLAGE, MUVATTUPUZHA TALUK.
- KRISHNANKUTTY, RESIDING AT KIZHAKKE THONDAYIL HOUSE, MUTHOLAPURAM KARA, ELENJI VILLAGE.
Issues for consideration
2 issues framed by the court
Whether the Executing Court justified in appointing Commissioner and directing construction costs under Section 151 CPC.
Whether the Executing Court rightly directed petitioner to pay costs for constructing compound wall not claimed in execution petition.
Parties & counsel
- petitioner
GEORGE
- respondent
PEELI
Coram
M. SASIDHARAN NAMBIAR
Case details
As recorded by the court registry
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