S.CHANDRAMOHAN NAIR
Nikunjam Constructions Pvt. Ltd. – Appellant
Versus
Jayaprakash Sivasankaran Nair – Respondent
S. Chandra Mohan Nair Member—The appointment of a commission by the CDRF, Thiruvananthapuram in CC.357/11 is being vehemently challenged in this revision petition by the opposite parties on the ground that the Forum below had no jurisdiction to grant such an order. As per the impugned order dated 30.4.12 in IA No. 11/12 filed by the complainant, the Forum below had appointed a commission to report about the nature of the complex as per the approved plan and also the present status of the complex.
2. The short question that is to be answered is whether the Forum below had any such jurisdiction or power to appoint a commission to inspect the premises in question when there is already an injunction order passed by the Forum below restraining and prohibiting the counter petitioners/opposite parties from converting the space kept in the residential complex into a commercial area and to prevent them from alienating the same to third party. The learned counsel for the revision petitioners submitted before us that the appointment of a commission to inspect the disputed premises is un-warranted in the facts and circumstances of the case and hence the same is illegal. It is his very c
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