Manoharan.C.K., v. Malathy
Case brief
What is this about?
High Court of Kerala allowed an application to set aside an order rejecting objections about a missing ladder in a survey sketch. The Court directed the court below to reconsider the application regarding the survey report.
What did the court decide?
The application for setting aside the order was allowed. The impugned order was set aside and the court below was directed to reconsider IA.No.530/2019 expeditiously.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
FRIDAY, THE 05TH DAY OF JULY 2019 / 14TH ASHADHA, 1941
OP(C).No.848 of 2019
AGAINST THE ORDER IN IA.NO.530/2019 IN OS 430/2007 of SUB COURT,ERNAKULAM DATED 8.2.2019)
PETITIONER/2ND DEFENDANT:
MANOHARAN.C.K., AGED 79 YEARS S/O. KANDASEN, ILLIKKAT HOUSE, EDAPPALLY P.O, COCHIN 682 024 ERNAKULAM DISTRICT.
BY ADVS. SRI.PAUL K.VARGHESE SMT.A.A.GEETHA SMT.NEENA JAMES SRI.K.P.S.JALALUDDEEN MOHMMED
RESPONDENTS/PLAINTIFFS/DEFENDANTS NO.1, 3 TO 6:
1 MALATHY, D/O. LATE KANDASSAN, PAREPARAMBIL HOUSE, KONGORAPPILLY, KONGORAPPILLY P.O, ALANGADU, ERNAKULAM DISTRICT 682 024.
Issues for consideration
2 issues framed by the court
Whether it is mandatory for a surveyor and Advocate commissioner to show the ladder in the survey sketch enabling proper evaluation.
Whether an objection regarding the absence of the ladder in the survey sketch can only be challenged at the time of evidence or can be set aside setting aside at that stage.
Parties & counsel
- petitioner
MANOHARAN.C.K.
- respondent
MALATHY
- respondent
UDHAYAN
- respondent
CHANDRIKA
- respondent
DYNE
- respondent
Case details
As recorded by the court registry
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