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High Court of KeralaOP(C)/196/2014allowed

Narayanan v. Vasu

2015-12-02Honourable Mr. Justice K.Abraham Mathew4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW WEDNESDAY, THE 2ND DAY OF DECEMBER 2015/11TH AGRAHAYANA, 1937 OP(C).No. 196 of 2014 (O) ----------------------------------- ORDER DATED 20-11-2013 IN IA.NO.1913/2013 IN OS 50/2013 OF PRINCIPAL MUNSIFF COURT, PALAKKAD ..........

PETITIONER(S):

---------------------- NARAYANAN, AGED 72 YEARS, S/O.AYYAPPAN, POONKARUPURAKKAL, EDATHARA AMSOM DESOM, PALAKKAD TALUK, PALAKKAD - 678 611 BY ADV. SRI.U.BALAGANGADHARAN RESPONDENT(S):

-------------------------- VASU, AGED 60 YEARS, S/O.PONNU, KUPATHPURA, EDATHARA POST, PALAKKAD -678 611.

BY ADV. SRI.A.SHAFEEK (KAYAMKULAM) THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 02-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: msv/

OP(C).No. 196 of 2014 (O) ------------------------------------ APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P-1: A TRUE COPY OF THE PLAINT IN OS 50/2013 DATED 1.2.2013. EXT.P-2: A TRUE COPY OF THE IA 293/2013 DATED 1.2.2013. EXT.P-3: A TRUE COPY OF THE OBJECTION DATED 5.2.2013 FILED BY THE 1ST DEFENDANT/PETITIONER TO IA 293/2013.

EXT.P-4: A TRUE COPY OF THE PRELIMINARY REPORT OF ADVOCATE COMMISSIONER DATED 6.2.2013.

EXT.P-5: A TRUE COPY OF THE WRITTEN STATEMENT DATED 13.6.2013 IN OS 50/2013 FILED BY THE PETITIONER/DEFENDANT. EXT.P-6: A TRUE COPY OF THE FINAL REPORT DATED 23.7.2013 OF THE ADVOCATE COMMISSIONER.

EXT.P-7: A TRUE COPY OF THE OBJECTION SUBMITTED BY THE DEFENDANT/ PETITIONER DATED 12.8.2013 AGAINST THE FINAL REPORT. EXT.P-8: A TRUE COPY OF THE IA 1913/2013 DATED 16.8.2013 TO SET ASIDE THE COMMISSION REPORT.

EXT.P-9: A TRUE CERTIFIED COPY OF THE ORDER IN IA 1913/2013 DATED 20.11.2013 OF THE PRINCIPAL MUNSIFF COURT, PALAKKAD.

RESPONDENT(S)' EXHIBITS:

----------------------------------------- NIL //TRUE COPY// P.S.TO JUDGE Msv/

K. ABRAHAM MATHEW, J.

- - - - - - - - - - - - - - - - - - - - - - - O.P.(C)No.196 of 2014 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of December, 2015

J U D G M E N T

Petitioner is the first defendant in OS. 50 of 2013 of Principal Munsiff, Palakkad. He filed Ext.P8 application to set aside the commission report and the plan. By Ext.P9 order the learned Munsiff has dismissed it.

2.

Heard.

3.

A perusal of the affidavit filed by the petitioner in support of his application to set aside the commission report shows that he attacked correctness of certain facts mentioned in the report. Naturally, the learned Munsiff should have posted the application for enquiry. But that was not done. This alone is sufficient to set aside the impugned order.

In the result this OP is allowed. The impugned order is set aside. The trial court is directed to post the application to set aside the report of the commissioner for enquiry. It shall be done as expeditiously as possible. Both

O.P.(C)No.196 of 2014 parties shall be given an opportunity to adduce evidence. sd/- K. ABRAHAM MATHEW JUDGE R.AV //True Copy// PA to Judge