Allowed

Moweri Venugopalan v. Moweri Mohanan

Kerala HC10 Jul 2019OP(C)/3427/2017

Case brief

AI extract

What is this about?

This order allowed an original petition where the High Court set aside the impugned order dismissing an application to set aside an advocate commissioner's report in a partition suit, permitting the petitioner to examine the commissioner given the long pendency and seniors' status.

What did the court decide?

Impugned order is set aside; petitioner permitted to examine advocate commissioner; lower court to pass appropriate orders.

Moweri Venugopalan Vs Moweri Mohanan — Partition | Kerala HC (2019)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE SUNIL THOMAS

¶4

WEDNESDAY, THE 10TH DAY OF JULY 2019 / 19TH ASHADHA, 1941

¶5

OP(C).No.3427 of 2017

¶6

AGAINST THE ORDER/JUDGMENT IN I.A.NO.6005/2016 IN F.D.I.A.NO.5214/2013 IN OS 505/2012 of ADDITIONAL MUNSIFF COURT, KANNUR DATED 01-11-2017

¶7

PETITIONER/PETITIONER/RESPONDENT NO.4:

¶8

MOWERI VENUGOPALAN S/O. M. RAMAN, AGED 70, MOWERI HOUSE, NEAR PUTHIYATHERU, MANDAPAM, CHIRAKKAL AMSOM, DESOM, KANNUR-670001.

¶9

BY ADV. SMT.C.LEENA

¶10

RESPONDENTS/RESPONDENTS/PETITIONER & RESPONDENT NOS.1, 2, 3 & 5:

¶11

1 MOWERI MOHANAN S/O. M. RAMAN, AGED 65, 'AISWARYA', PANANKAVU, P.O. CHIRAKKAL, KANNUR-670001.

¶12

2 MOWERI MEENAKSHI

¶13

D/O. M. RAMAN, AGED 76, PUTHIYONNAN HOUSE, EDAKKAD AMSOM, KUZHUNNA DESOM, KANNUR-670007.

¶14

3 MOWERI KARTHYAYANI

¶15

D/O. RAMAN, AGED 73, SHEEJAS, NEAR CIVIL STATION, KOZHIKODE-673001.

¶16

4 MOWERI SUSHEELA

¶17

D/O. RAMAN, AGED 67, ORAKKAN HOUSE, KUTHUPARAMBA AMSOM, DESOM, KANNUR-670643.

¶18

5 MOWERI PRAMEELA D/O. RAMAN, AGED 63, VRINDAVANAM, PUZHATHI AMSOM, PALLIKKUNNU DESOM, P.O., PALLIKUNNU, KANNUR-670004.

¶19

BY ADV. SRI.T.K.VIPINDAS

¶20

THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 10.07.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

o.p(c).3427/17

JUDGMENT

Petitioner is the fourth defendant in O.S.No.505 of 2012 of Principal Munsiff Court, Kannur, which was a suit for partition. Preliminary decree was passed and in the final decree proceedings, an advocate commissioner was deputed, who has filed a report. Raising various objections, I.A.No.6005 of 2016 was filed with a prayer to set aside the commission report. It was dismissed by Ext.P4 order, which is impugned in this original petition.

¶25

After hearing learned counsel for the petitioner and learned counsel for the respondents, it appears that the only grievance of the petitioner can be regarding the objections raised by the petitioner in I.A.No.6005 of 2016. This can be considered by the examination of the advocate commissioner. Having considered this, I am inclined to set aside the impugned order and permit the petitioner herein to examine the advocate commissioner, if he so desires. After giving reasonable opportunity for examination, court below shall pass appropriate orders on the I.A accordingly. Court below shall expedite the proceedings considering the long pendency of the case and also the fact that, parties are senior citizens.

¶26

Original petition is allowed as above.

Sd/-

SUNIL THOMAS

Sbna

JUDGE

o.p(c).3427/17

APPENDIX

PETITIONER'S/S EXHIBITS:

¶35

EXHIBIT P1 TRUE COPY OF THE JUDGMENT DATED 10.10.2013 IN O.S.NO.505/2012 ON THE FILE OF THE PRINCIPAL MUNSIFF COURT, KANNUR. EXHIBIT P2 THE TRUE COPY OF THE COMMISSION REPORT IN F. D. I. A. NO.5214/2013 IN O.S.NO.505/2012. EXHIBIT P2(A) TRUE COPY OF THE PLAN SUBMITTED BY THE ADVOCATE COMMISSIONER. EXHIBIT P2(B) TRUE COPY OF THE SHARE LIST SUBMITTED BY THE ADVOCATE COMMISSIONER. EXHIBIT P2(C) TRUE COPY OF THE ACCOUNTS SUBMITTED BY THE ADVOCATE COMMISSIONER. EXHIBIT P3 TRUE COPY OF THE AFFIDAVIT IN SUPPORT OF PETITION BEARING I.A.NO.6005/2016. EXHIBIT P4 TRUE COPY OF THE ORDER DATED 01.11.2017 IN I.A.NO.6005/2016 IN F. D. I. A. 5214/2013 ON THE FILE OF THE ADDITIONAL MUNSIFF COURT, KANNUR.

Moweri Venugopalan v. Moweri Mohanan

Case brief

What is this about?

What did the court decide?

Moweri Venugopalan v. Moweri Mohanan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

P.R.Resmi Vs Adhi Devan

Aadam Vs Nafeesa.R.v

N.Thankavelu Vs Bharathodayam Kuries Pvt. Ltd.

Vidyasree Vs Sunil.P.

P. Raveendran Pillai Vs Raman Pillai

Balakrishna Kurup Vs Kerala Financial Corporation