Manomohan v. Viswanathan
Case brief
What is this about?
Writ Petition under Article 227 challenged the dismissal of an application to remit a commissioner's report without considering objections. The High Court quashed the order directing fresh consideration.
What did the court decide?
Quashing of the impugned order dismissing the application; direction to Munsiff to pass appropriate order after hearing parties and considering specific grounds.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR
WEDNESDAY, THE 4TH JUNE 2008 / 14TH JYAISHTA 1930
WP(C).No. 3098 of 2008(R)
------------------------AGAINST THE ORDER DATED / / IN IA. 243 /2007 IN OS.806/2004 of MUNSIFF COURT, KODUNGALLUR
PETITIONER:
MANOMOHAN, S/O.VELAYUDHAN, KANNAMPARAMBIL, CHENDRAPPINNI DESOM, EDATHIRUTHI VILLAGE, KODUNGALLUR TALUK.
BY ADV. SRI.JIJO PAUL
RESPONDENTS:
VISWANATHAN, S/O.VELAYUDHAN, KANNAMPARAMBIL, KAIPAMANGALAM VILLAGE, KODUNGALLUR TALUK.
Issues for consideration
2 issues framed by the court
Whether the order dismissing the application to remit the commissioner's report without considering objections violates the procedural requirements under Article 227 of the Constitution.
Whether the Munsiff Court failed to consider specific grounds for objection before dismissing the petition for remitting the report.
Parties & counsel
- petitioner
Manomohan
- respondent
Viswanathan
Coram
M SASIDHARAN NAMBIAR
Case details
As recorded by the court registry
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