The High Court allowed the petitioner's application challenging the dismissal of an application for appointing an Advocate Commissioner and surveyor by the lower court in a civil suit filed before the Munsiff Court at Thiruvalla.
The application (Ext.P3) was allowed and the impugned order setting it aside was set aside.
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 SUNIL THOMAS
MONDAY, THE 08TH DAY OF JULY 2019 / 17TH ASHADHA, 1941
OP(C).No.1618 of 2019
AGAINST THE ORDER DATED 14-06-2019 IN IA.NO.1591/2019 IN OS 98/2014 of MUNSIFF COURT, THIRUVALLA
PETITIONER/PETITIONER/DEFENDANT:
RAJENDRAN NAIR, AGED 64 YEARS SON OF LATE KESAVAKARNAVAR, PANNIVIZHATHEKKATHILHOUSE, EAST OTHERA P.O., EAST OTHERA MURI, ERAVIPEROOR VILLAGE, THIRUVALLA TALUK, PATHANAMTHITTA-689101.
BY ADVS. SRI.K.S.HARIHARAPUTHRAN SMT.BHANU THILAK
RESPONDENT/RESPONDENT/PLAINTIFF:
AMMUKUTTY AMMA, AGED 78 YEARS W/O.LATE THANKAPPAN PILLAI, PANNIVIZHA VADAKETHILAYA PUTHENPURAYIL, EAST OTHERA P.O., EAST OTHERA MURI, ERAVIPEROOR VILLAGE, THIRUVALLA TALUK, PATHANAMTHITTA -689101.
BY ADVS. SRI.CHERIAN GEE VARGHESE SHRI.JEEVAN VIJU SRI.BIJU HARIHARAN SRI.P.C.SHIJIN SRI.P.HARIDAS SRI.R.B.BALACHANDRAN SRI.RENJI GEORGE CHERIAN SRI.RISHIKESH HARIDAS
THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 08.07.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
OP(C).No.1618 of 2019
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J U D G M E N T
The petitioner herein, who is the defendant filed Ext.P3 application for appointment of a Advocate Commissioner to record the items mentioned in the application with the assistance of a surveyor. The application was dismissed by Ext.P5 order on the premise that the application was filed after the case was included in the list and posted for trial on that date. This is under challenge.
O.P.(C) is allowed.
Sd/-
SUNIL THOMAS, JUDGE
//True Copy// PS to Judge
R.AV
OP(C).No.1618 of 2019
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 COPY OF THE PLAINT IN O.S.NO.98 OF 2014, DATED 03.02.2014 FILED BY THE RESPONDENT BEFORE THE MUNSIFFS COURT, THIRUVALLA.
EXHIBIT P2 TRUE COPY OF THE WRITTEN STATEMENT DATED 14.03.2016 FILED BY THE PETITIONER IN O.S.NO.98 OF 2014.
EXHIBIT P3 TRUE COPY THE I.A.1591/19 DATED NIL BY THE PETITIONE DATED 6-19.
EXHIBIT P4 TRUE COPY OF THE OBJECTIONS DATED 11.06.2019 IN I.A.1591/2019 FILED BY THE RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE ORDER DATED 11.06.2019 IN I.A.1591/2019 IN O.S.NO.98/2014 OF MUNSIFF COURT, THIRUVALLA.
RESPONDENT'S/S EXHIBITS NIL
1 issue framed by the court
Whether the dismissal of an application for appointment of an Advocate Commissioner was sustainable.
RAJENDRAN NAIR
AMMUKUTTY AMMA
SUNIL THOMAS
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
