Cn Sujith vs Cn Suresh

Type Court Judgment Court Kerala Decided Jul 10, 2023

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Citation: sooperkanoon.com/1372973
Court: Kerala High Court
Judge: Honourable Mr. Justice P.Somarajan
Decided On: Jul 10, 2023
Case Number: RP/701/2023

Parties & Advocates

Appellant / Petitioner

Cn Sujith

Respondent

Cn Suresh

Excerpt

in the high court of kerala at ernakulampresent the honourable mr. justice p.somarajan monday, the 10th day of july 2023 / 19th ashadha, 1945 against the judgment dated 15.06.2023 in op(c) 1213/2023 of high court of kerala review petitioner/respondent no.1/respondent no.1/defendant no.1: cn sujith, s/o narayanan, aged 46, palappallam, muttimambalam, keerikkadanpadi, kozhinjampara post, chittur taluk, palakkad district- 678555 by advs. sajan vargheese k. liju. m.p respondents/petitioner & respondent no.2/petitioner & respondent no.2/plaintiff & defendant no.2:1 cn suresh, aged 49, s/o narayanan, palappallam, muttimambalam, keerikkadanpadi, kozhinjampara post, chittur taluk, palakkad district-678555 now residing at ranjith motels, palakkad taluk and dist- 678001 2 narayanan, s/o late chamu, aged 86, nandanam (h), palappallam, nallepilly post, chittur taluk, palakkad dist- 678555 by adv sarath m.s. this review petition having come up for admission on 10.07.2023, the court on the same day delivered the following:judgmentearlier, this court has directed the trial court to take all endeavor to get a report from the surveyor and commissioner after the completion of the proposed work within a period of three weeks from the next posting date, with a direction to report compliance. in fact, that order was passed without notice to the respondents and notice was dispensed with. now the first respondent came up with this review petition on the reason that he has raised an objection with respect to the pecuniary jurisdiction of the trial court that it requires consideration before the issuance of commission. but, there is no legal impediment in sending out a commission during the interregnum, as it is a matter of evidence. the review petition hence fails and is dismissed. sd/- p.somarajan judge msp appendix of rp 701/2023 petitioner annexures annexure a true copy of ia no. 1871/2022 in os no.136/2018 on the file of the munsiff's court, chittur.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.SOMARAJAN MONDAY, THE 10TH DAY OF JULY 2023 / 19TH ASHADHA, 1945 AGAINST THE JUDGMENT DATED 15.06.2023 IN OP(C) 1213/2023 OF HIGH COURT OF KERALA REVIEW PETITIONER/RESPONDENT NO.1/RESPONDENT NO.1/DEFENDANT NO.1: CN SUJITH, S/O NARAYANAN, AGED 46, PALAPPALLAM, MUTTIMAMBALAM, KEERIKKADANPADI, KOZHINJAMPARA POST, CHITTUR TALUK, PALAKKAD DISTRICT- 678555 BY ADVS. SAJAN VARGHEESE K. LIJU. M.P RESPONDENTS/PETITIONER & RESPONDENT NO.2/PETITIONER & RESPONDENT NO.2/PLAINTIFF & DEFENDANT NO.2:
1 CN SURESH, AGED 49, S/O NARAYANAN, PALAPPALLAM, MUTTIMAMBALAM, KEERIKKADANPADI, KOZHINJAMPARA POST, CHITTUR TALUK, PALAKKAD DISTRICT-678555 NOW RESIDING AT RANJITH MOTELS, PALAKKAD TALUK AND DIST- 678001 2 NARAYANAN, S/O LATE CHAMU, AGED 86, NANDANAM (H), PALAPPALLAM, NALLEPILLY POST, CHITTUR TALUK, PALAKKAD DIST- 678555 BY ADV SARATH M.S. THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 10.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Earlier, this court has directed the trial court to take all endeavor to get a report from the Surveyor and Commissioner after the completion of the proposed work within a period of three weeks from the next posting date, with a direction to report compliance. In fact, that order was passed without notice to the respondents and notice was dispensed with. Now the first respondent came up with this review petition on the reason that he has raised an objection with respect to the pecuniary jurisdiction of the trial court that it requires consideration before the issuance of commission. But, there is no legal impediment in sending out a commission during the interregnum, as it is a matter of evidence. The review petition hence fails and is dismissed. Sd/- P.SOMARAJAN JUDGE msp APPENDIX OF RP 701/2023 PETITIONER ANNEXURES Annexure A TRUE COPY OF IA NO. 1871/2022 IN OS NO.136/2018 ON THE FILE OF THE MUNSIFF'S COURT, CHITTUR.

Same Court & Year Kerala · 2023 Same Parties Cn Sujith vs Cn Suresh Same Judge Honourable Mr. Justice P.Somarajan