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High Court of KeralaOP(C)/1365/2015disposed of

Kunhilakshmi v. Saheer

2015-09-01Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 1ST DAY OF SEPTEMBER 2015/10TH BHADRA, 1937 OP(C).No. 1365 of 2015 (O) -------------------------------------- IA.NO.624/2015 IN OS.NO.25/2013 OF MUNSIFF-MAGISTRATE'S COURT, PATTAMBI --------------------- PETITIONER(S):

---------------------- KUNHILAKSHMI, AGED 66 YEARS, W/O.LATE KARIPPU, KATTUNGAL HOUSE, P.O.KOOTTANAD, NAGALASSERY AMSOM, NANDIYANKODE DESOM OTTAPALAM TALUK, PALAKKAD DISTRICT.

BY ADVS.SRI.SANTHEEP ANKARATH SRI.ARUN MATHEW VADAKKAN RESPONDENT(S):

------------------------- SAHEER, AGED 53 YEARS, S/O.LATE KAMMUKUTTY, PARAYILVALAPPIL HOUSE, PATTITHARA P.O, ALOOR, OTTAPALAM TALUK, PALAKKAD DISTRIC, .PIN 679 534. BY ADVS. SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 01-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

PJ

OP(C).No. 1365 of 2015 (O) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1.

COPY OF WRITTEN STATEMENT DATED 5.9.13 FILED BY THE RESPONDENT HEREIN IN OS 25/2013 BEFORE THE MUNSIFF MAGISTRATE COURT, PATTAMBI.

EXHIBIT P2.

COPY OF THE REPORT AND ROUGH SKETCH OF THE COMMISSIONER AND DATED 25.2.13 IN IA 166/13 IN OS 25/13 ON THE FILE OF THE MUNSIFF MAGISTRATES COURT, PATTAMBI.

EXHIBIT P3.

COPY OF THE REPORT AND ROUGH SKETCH OF THE COMMISSIONER AND DATED 25.6.13 IN IA NO.219/13 IN OS 25/13 ON THE FILE OF THE MUNSIFF MAGISTRATES COURT, PATTAMBI.

EXHIBIT P4.

COPY OF IA 624/15 AND DATED 9.6.15 SUBMITTED BY THE PETITIONER IN OS 25/13 BEFORE THE MUNSIFF MAGISTRATE COURT, PATTAMBI. EXHIBIT P5.

COPY OF ORDER DATED 10.6.15 IN OA 624/15 IN OS 25/13 PASSED BY MUNSIFF MAGISTRATE COURT, PATTAMBI.

RESPONDENT(S)' EXHIBITS --------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

A.MUHAMED MUSTAQUE, J.

------------------------------------- O.P.(C)No.1365 of 2015 ---------------------------------- Dated this the 1st day of September, 2015.

J U D G M E N T

The petitioner, impugning an order passed in an application to remit Commissioner's report, has approached this Court. The application has been dismissed. The main reason stated in the impugned order is that the application was filed when the case was listed.

2. I have gone through the application for remitting the Commissioner's report. Though it is belated, nevertheless this Court is of the view that considering the nature of application, the Commission report has to be remitted. However, the delay involved has to be remedied by imposing cost on the petitioner.

3. In view of the above, the impugned order is set aside on condition the petitioner shall pay a cost of

O.P.(C)No.1365 of 2015 Rs.2,000/- (Rupees two thousand only) to the respondent. The cost shall be paid to the learned counsel appearing for the respondent before this Court within 2 weeks from today. Sd/- A.MUHAMED MUSTAQUE, Judge.

ami/ //True copy// P.A.to Judge