Justice V. Chitambaresh allowed the petitioner to apply for remitting the reports of the first Advocate Commissioner regarding an easement right suit, confirming the lower court's refusal to appoint a second Commissioner without such application.
Permission granted to petitioner to apply for remitting the reports and plan of the first Advocate Commissioner.
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
FRIDAY, THE 30TH DAY OF NOVEMBER 2012/9TH AGRAHAYANA 1934
OP(C).No. 512 of 2012 (O) ------------------------OS.1156/2009 of ADDL.M.C.,IRINJALAKUDA
PETITIONER(S):
JESSY, AGED 40 YEARS W/O.SEBASTIAN, THEKKUMPEEDIKA HOUSE, KONNIKKARA P.O. THRISSUR DISTRICT.
BY ADVS.SRI.RENJITH THAMPAN (SR.) SRI.V.M.KRISHNAKUMAR
RESPONDENT(S):
1. KURIAKOSE @ UTHUPPU S/O.MATHU, THEKKUMPEEDIKA HOUSE, KONNIKKARA P.O. THRISSUR DISTRICT, PIN 680306.
2. MAJI W/O.DAVIS, ELUVATHINGAL HOUSE, PAZHAMUKKU DESOM OLLUR, THRISSUR DISTRICT-680306.
3. MARTIN
S/O.KURIAKOSE @ UTHUPPU, THEKKUMPEEDIKA HOUSE KONNIKKARA P.O., THRISSUR DISTRICT-680306.
R1 & 3 BY ADV. SRI.G.SREEKUMAR (CHELUR) BY ADV. SRI.K.RAVI (PARIYARATH)
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 30-11-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C).No. 512 of 2012 (O)
PETITIONER(S) EXHIBITS
| EXHIBIT-P1. TRUE COPY OF THE PLAINT, OS.NO.1156/2009 OF THE MUNSIFF COURT IRINJALAKUDA. |
|---|
| EXHIBIT-P2. TRUE COPY OF THE COMMISSIONER'S REPORT IN OS.NO.1156/2009 OF THE MUNSIFF COURT IRINJALAKUDA. |
| EXHIBIT-P2(a).TRUE COPY OF THE PLAN FILED ALONG WITH COMMISSONER'S REPORT IN OS.NO.1156/2009. |
| EXHIBIT-P3. TRUE COPY OF I.A.NO.3144/2011 IN OS.NO.1156/2009 OF THE MUNSIFF COURT IRINJALAKUDA. |
| EXHIBIT-P4. TRUE COPY OF WRITTEN STATEMENT IN OS.1156/09 OF MUNSIFF COURT IRINJALAKUDA DATED 6.1.2010. |
| EXHIBIT-P5. TRUE COPY OF THE IMPLEADING PETITION AND AFFIDAVIT, I.A.NO.3601/2010 IN OS.NO.1156/2009 OF MUNSIFF COURT IRINJALAKUDA. |
| EXHIBIT-P6. TRUE COPY OF THE ORDER IN I.A.NO.3144/2011 IN OS.NO.1156/2009 OF MUNSIFF COURT IRINJALAKUDA DATED 09.01.2012. |
| EXHIBIT-P7. TRUE COPY OF THE ORDER IN I.A.NO.3601/2011 IN OS.NO.1156/2009 OF MUNSIFF COURT IRINJALAKUDA DATED 09.01.2012. |
RESPONDENTS' EXHIBITS : NIL
//TRUE COPY//
P.A TO JUDGE.
stu
V.CHITAMBARESH,J.
= = = = = = = = = = =
O.P.(C) No. 512 of 2012
= = = = = = = = = = = == = = = = Dated this the 30th day of November, 2012
J U D G M E N T
It is trite law that a second Advocate Commissioner cannot be appointed without setting aside the report and plan of the first Advocate Commissioner. The first Advocate Commissioner has already filed two reports and a rough sketch in the suit relating to a right of easement. Therefore I confirm the order of the court below refusing to depute another Advocate Commissioner although for a reason different.
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application, if any, filed by the petitioner shall be considered well in advance before the evidence is recorded in the suit.
the suit is not challenged now. Such impleadment was sought only to tide over the plea of non joinder of necessary parties. It would suffice that the person sought to be so impleaded is examined as a witness in the case.
The Original Petition (Civil) is disposed of.
V.CHITAMBARESH. JUDGE
smm
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2 issues framed by the court
Whether a second Advocate Commissioner can be appointed without setting aside the prior Commissioner's report and plan.
Whether the petitioner can apply for remitting the reports and plan of the first Advocate Commissioner.
JESSY
KURIAKOSE @ UTHUPPU
MAJI
MARTIN
V. CHITAMBARESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
