Ravi v. Santhi
Case brief
What is this about?
In a partition suit, the High Court set aside an order refusing a survey commission application. It mandated the appointment of a commission at the petitioner's cost and fixed a disposal timeline of nine months.
What did the court decide?
The impugned order set aside; a survey commission appointed at the petitioner's cost; suit to be disposed of within nine months.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
MONDAY, THE 26th DAY OF JUNE 2023 / 5TH ASHADHA, 1945
OP(C) NO. 2396 OF 2017
AGAINST THE ORDER DATED 17.06.2017 IN IA.No.1051/2017 IN OS
72/2012 OF ADDITIONAL SUB COURT, PALAKKAD
PETITIONER :
RAVI, S/o CHAMI, AGED 46 YEARS, RESIDING AT EZHUVA ILLAM, 5/31(a)(1), DURGHA LINE, PUTHUR, PALAKKAD TALUK
BY ADVS. SRI.T.C.SURESH MENON SRI.P.S.APPU SRI.A.R.NIMOD
RESPONDENTS:
1 SANTHI, W/o MANIKANTAN, RESIDING AT VELLATTU HOUSE, MUTHUKULAM, THONDIKULAM, NOORNI, PALAKKAD TALUK, PIN 678 004
Issues for consideration
2 issues framed by the court
Whether the trial court erred in refusing to appoint a survey commission in a suit for partition.
Whether the High Court had jurisdiction under Article 227 to set aside the impugned order.
Parties & counsel
- petitioner
RAVI
- respondent
SANTHI
- respondent
MAHESH
- respondent
RAJESH
Coram
Case details
As recorded by the court registry
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