The single judge allowed a review petition modifying an order to direct the court below to inspect property for partibility of items other than Item No.5.
Modified order directing Commissioner to inspect property for partibility of items other than Item No.5.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE M.N.KRISHNAN THURSDAY, THE 27TH MARCH 2008 / 7TH CHAITHRA 1930
RP.No. 360 of 2008(D)
--------------------AGAINST THE JUDGEMENTIN WPC.2132/2008 Dated 17/01/2008 ....................
PETITIONER/3RD PARTY
AGNUS MARTIN @ MOLLY, AGED 46 YEARS, D/O ANNAMMA MARTIN, MARTIN DALE, VALIATHOPPU, SANGHUMUGHAM, THIRUVANANTHAPURAM
BY ADV. SRI.K.K.CHANDRAN PILLAI
SRI.SAJI SANKARAN NAIR
RESPONDENTS/ PETITIONER / AND RESPONDENT:
BY ADV. SRI. M.BALAGOVINDAN
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 27/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
M.N.KRISHNAN, J.
R.P. No. 360 OF 2008 IN W.P.(C) No. 2132 OF 2008
Dated this the 27th day of March, 2008
ORDER
This review petition is preferred against the judgment of this court dated 17.1.08 whereby this court directed that the court below has to pass order with respect to Item No.5 afresh. This court also observed that till a revised order is issued, the Commissioner shall not inspect the property.
RP NO.360/08
2
to partibility of other items of properties. In the meanwhile, the court can consider and pass appropriate orders with respect to Item No.5 property after hearing all concerned. If the Commissioner has surrendered the warrant, the court may issue a fresh commission to an Advocate for doing the work before the court closes for summer holidays so that the commissioner can do the work during the holidays.
The review petition is disposed of accordingly.
M.N.KRISHNAN, JUDGE
vps
RP NO.360/08 3
1 issue framed by the court
Whether the order directing inspection of property for partibility of items other than Item No.5 should be modified.
Colour shows how this judgement treated each authority
AS 639/91Referred¶23
Agnus Martin @ Molly
Gladis James (Dolly)
Sushy Martin
M.N. Krishnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
