Op(C) No. 622/2012 held that no further directions were required as the court below was seised of the matter to evaluate the new Advocate Commissioner's report filed pursuant to the remand order.
Original Petition disposed of with direction to court below.
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 5TH DAY OF DECEMBER 2012/14TH AGRAHAYANA 1934
OP(C).No. 622 of 2012 (O)
IA.NO.427/2012 IN OS.1072/2004 of ADDITIONAL MUNSIFF COURT, THIRUVANANTHAPURAM
PETITIONER(S):
BY ADV. SMT.M.HEMALATHA
RESPONDENT(S):
THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 05-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(C) NO. 622/2012
APPENDIX
PETITIONER(S) EXHIBITS
EXHIBIT P1 : TRUE COPY OF THE SETTLEMENT NO. 2573 OF 1985 DATED 24.09.1985. EXHIBIT P2 : TRUE COPY OF THE SALE DEED NO. 376 OF 1990 DATED 07.02.1990. EXHIBIT P3 : TRUE COPY OF THE PLAINT IN OS NO. 1072 OF 2004 BEFORE THE ADDITIONAL MUNSIFF'S COURT OF THIRUVANANTHAPURAM. EXHIBIT P4 : TRUE COPY OF THE WRITTEN STATEMENT WITH COUNTER CLAIM EXHIBIT P4(a) : TRUE COPY OF THE AMENDMENT. EXHIBIT P5 : TRUE COPY OF THE JUDGMENT IN AS NO. 222 OF 2007 DATED 16.11.2010. EXHIBIT P6 : TRUE COPY OF THE COMMISSION REPORT. EXHIBIT P6(a) : TRUE COPY OF THE PLAN. EXHIBIT P7 : TRUE COPY OF THE IANO. 4797 OF 2011 EXHIBIT P8 : TRUE COPY OF THE ORDER DATED 07.01.2012 IN IA NO. 4797 OF 2011. EXHIBIT P9 : TRUE COPY OF THE IA NO. 427 OF 2012 DATED 11.01.2012. EXHIBIT P10 : TRUE COPY OF THE ORDER IN IA NO. 427 OF 2012 DATED 01.02.2012. EXHIBIT P11 : TRUE COPY OF THE COMMISSION REPORT. EXHIBIT P11(a) : TRUE COPY OF THE PLAN. EXHIBIT P12 : TRUE COPY OF THE COMMISSION REPORT WITH PLAN DATED 10.08.2004.
EXHIBIT P13 : TRUE COPY OF THE COMMISSION REPORT DATED 16.10.2004. EXHIBIT P14 : TRUE COPY OF THE COMMISSION REPORT DATED 17.03.2007. EXHIBIT P15 : TRUE COPY OF THE OBJECTION DATED 16.10.2011. EXHIBIT P16 : TRUE COPY OF THE DEPOSITION OF THE COMMISSIONER. EXHIBIT P17 : TRUE COPY OF THE DEPOSITION OF THE SURVEYOR.
RESPONDENT(S) EXHIBITS: NIL
/TRUE COPY/
P.A. TO JUDGE.
V. CHITAMBARESH, J
OP(C) NO. 622 OF 2012
Dated this the 5th day of December, 2012
JUDGMENT
It was on the application of the petitioners did the court below by order dated 07.01.2012 set aside the earlier report and plan of the Advocate Commissioner. It is conceded that another Advocate Commissioner was deputed pursuant thereto who has since filed a report and plan.
No further directions are called for and the Original Petition is disposed of.
V. CHITAMBARESH JUDGE
ncd
SASNTHASEELAN
SAROJAM
VIJAYACHANDRIKA
MADHAVAN PILLAI
V CHITAMBARESH
As recorded by the court registry
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