Disposed

Valappille Purayil Gouri v. John Decruz

Kerala HC29 Oct 2012OP(C)/3526/2012

Case brief

AI extract

What is this about?

This order directs the court below to dispose of a pending application to set aside an ex-parte decree. It directs the respondent court to entertain the petitioner's grievance regarding the Advocate Commissioner's report and allows the petitioner to examine the Commissioner and lead evidence to contradict the report if the decree is set aside.

What did the court decide?

Direction to the court below to dispose of the application to set aside the ex-parte decree within one month; liberty to the petitioner to examine the Advocate Commissioner and lead evidence if the de

Valappille Purayil Gouri Vs John Decruz — Property and Title | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE V.CHITAMBARESH

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MONDAY, THE 29TH DAY OF OCTOBER 2012/7TH KARTHIKA 1934

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OP(C).No. 3526 of 2012 (O)

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OS.313/2009 of MUNSIFF COURT, THALASSERY

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PETITIONER(S):

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VALAPPILLE PURAYIL GOURI, ANUPAMA NIVAS, ADI-KADALAYI, P.O.KANNUR.

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BY ADVS.SRI.V.PREMCHAND

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SRI.V.TEKCHAND

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RESPONDENT(S):

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JOHN DECRUZ RATION SHOP DEALER, BURANASSERY, KANNUR-670 002.

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THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 29-10-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP(C) NO. 3526/2012

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APPENDIX

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PETITIONER(S) EXHIBITS

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EXHIBIT P1. TRUE COPY OF THE REPORT AND PLAN DATED 14/6/2011. EXHIBIT P2. TRUE COPY OF THE WORK MEMO DTED 8/10/2010. EXHIBIT P3. TRUE COPY OF THE APPLICATION DATED 16/8/2011. EXHIBIT P4. TRUE COPY OF THE ORDER DATED 27/6/2012. EXHIBIT P5. TRUE COPY OF THE JUDGMENT DATED 22/8/2012. EXHIBIT P6. TRUE COPY OF THE APPLICATION DATED 12/9/2012. EXHIBIT P7. TRUE COPY OF THE ORDER DATED 24/9/2012. EXHIBIT P8. TRUE COPY OF THE DOCUMENT DATED 13/10/1976. EXHIBIT P9. TRUE COPY OF THE APPLICATION.

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RESPONDENTS' EXHIBITS : NIL

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/TRUE COPY/

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P.A. TO JUDGE.

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V. CHITAMBARESH, J

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OP(C) NO. 3526 OF 2012

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Dated this the 29^th day of October, 2012

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JUDGMENT

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An order refusing to remit the report and plan of the Advocate Commissioner in a suit for declaration of title and possession and for consequential injunction is under challenge. It is conceded that the suit has since been decreed ex-parte against the petitioner/defendant on 27.09.2012 and an application to set aside the same under Order IX Rule 13 of the Code of Civil Procedure is pending.

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I direct the court of the Munsiff of Thalassery to dispose of Ext.P9 application dated 12.10.2012 so filed within a period of one month from the date of receipt of a copy of this judgment. I also make it clear that the petitioner is at liberty to examine the Advocate Commissioner and lead other evidence to contradict the report and plan of the Advocate Commissioner in the event of the ex-parte decree being set aside.

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The court below shall advert to the grievance set forth by the petitioner as regards the alleged deficiency in the

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OP(C) No. 3526/2012

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report and plan of the Advocate Commissioner at the time of trial. The same shall be done untrammeled by anything said in the order impugned in this Original Petition.

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The Original Petition is disposed of with the above observation.

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V. CHITAMBARESH JUDGE

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ncd

Valappille Purayil Gouri v. John Decruz

Case brief

What is this about?

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Valappille Purayil Gouri v. John Decruz

Case brief

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