Bhavyanath v. Balan
Case brief
What is this about?
In a suit for specific performance where sale consideration depends on land extent, the High Court of Kerala directed remission of an Advocate Commissioner's report, conditional on the petitioner paying Rs.15,000 costs to the respondent for delay.
What did the court decide?
Remission of the report of the Advocate Commissioner for remeasuring the extent of the property, conditioned upon the petitioner paying Rs.15,000 costs to the respondent's counsel within three weeks.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.CHITAMBARESH
WEDNESDAY, THE 31ST DAY OF OCTOBER 2012/9TH KARTHIKA 1934
OP(C).No. 3030 of 2012 (O) -------------------------IN OS.468/2008 of I ADDL.SUB COURT, THRISSUR
PETITIONER(S):
BHAVYANATH, AGED 26 YEARS S/O.GOPINATHAN VADASSERY HOUSE, THRIPRAYAR DESOM NATTIKA VILLAGE, THRIPRAYAR P.O., 680567 CHAVAKKAD TALUK, TRICHUR DISTRICT. BY ADVS.SRI.N.SUBRAMANIAM SRI.M.S.NARAYANAN SRI.P.T.GIRIJAN SMT.USHA NARAYANAN
RESPONDENT(S): --------------
BALAN S/O.VELAPPAN, KUTTIKATTU HOUSE THANNIYAM VILLAGE AND DESOM, PERINGOTTUKARA P.O. 680565, THRISSUR TALUK AND DISTRICT. RR BY ADV. SRI.T.M.CHANDRAN RR BY ADV. SRI.P.R.NEELAKANDAN NAMBOODIRI
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 31-10-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Issues for consideration
2 issues framed by the court
Whether the report of the Advocate Commissioner should be remitted to measure the extent of the property when sale consideration is dependent on extent.
Whether costs should be paid by the petitioner to allow the remission of the Advocate Commissioner's report.
Parties & counsel
- petitioner
Bhavyanath
- respondent
Balan
Coram
V. Chitambaresh
Case details
As recorded by the court registry
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