The High Court considered an application to permit examination of an Advocate Commissioner from a prior suit regarding a contradictory report and plan in the present suit concerning land rights and water flow.
Petitioner permitted to examine the Advocate Commissioner of O.S.No.463 of 1995 during the trial in O.S.No.123 of 2004.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
WEDNESDAY, THE 12TH DAY OF SEPTEMBER 2012/21ST BHADRA 1934
OP(C).No. 2947 of 2012 (O)
OS.123/2004 of MUNSIFF COURT, THIRUVALLA
PETITIONER(S)/PETITIONER/PETITIONER/PLAINTIFF:
THOMAS KUTTY, AGED 60 YEARS S/O. NINAN, KALLOTHARA VEEDU VALLAMKULAM KIZHAKKU MURI, ERAVIPEROOR VILLAGE THIRUVALLA TALUK, PATHANAMTHIITTA DISTRICT.
BY ADV. SRI.K.N.RADHAKRISHNAN(THIRUVALLA)
RESPONDENT(S)/RESPONDENT/RESPONDENT/DEFENDANT:
KESASVAN NAIR GOPALAKRISHNAN NAIR KALAPPURACKAL HOUSE, VALLAMKULAM KIZHAKKU MURI ERAVIPEROOR VILLAGE, THIRUVALLA TALUK PATHANAMTHITTA DISTRICT - 689 542
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 12-09-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
APPENDIX IN O.P.(C) NO.2947 OF 2012
PETITIONER(S) EXHIBITS
//TRUE COPY//
P.S. TO JUDGE.
V.CHITAMBARESH, J.
O.P.(C) No.2947 of 2012 ------------------------------- Dated this the 12th day of September, 2012
J U D G M E N T
An order refusing to set aside the report and plan of an Advocate Commissioner in a suit for declaration of right and for mandatory injunction is under challenge in this original petition. The plaintiff claims right over the Thodu and the water flowing through it. It appears that there was an earlier suit between the parties with regard to the same Thodu as O.S.No.463 of 1995 on the file of the court of the Munsiff of Thiruvalla.
2
O.P.(C) No.2947 of 2012
The original petition is disposed of as above.
V.CHITAMBARESH, Judge.
nj.
2 issues framed by the court
Whether a petitioner can seek to examine the Advocate Commissioner from an earlier suit regarding a prior report and plan in the present suit.
Whether the court below can remit the report and plan to the Advocate Commissioner if the present report lacks material particulars.
Thomas Kutty
Kesasvan Nair Gopalakrishnan Nair
V.Chitambaresh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
