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1999 Supreme(Ker) 335

M.R.HARIHARAN NAIR
C. K. Venkataram Naidu – Appellant
Versus
C. R. Vasanthi – Respondent


Advocates:
George C. Varghese, for Petitioner; Sajan Varghese, for Respondents.

ORDER :-

The 1st defendant is the revision petitioner. The challenge is with regard to the order passed by the Principal Sub Judge, Kochi in I. A. No. 1069/96 in O. S. No. 185/88 directing issuance of a commission to report about "the dies, spares, scraps and other articles stored in the Coastal Engineering Company, Palluruthy premises and also to approximate the quantity and value of the articles." The aforesaid items are situated in item 5 of the plaint schedule property. There were several partnership firms of which the plaintiffs and defendants in the suit were partners and the suit is now laid for partition. The contention of the defence is that the partible items have already been partitioned through the intervention of mediators as per an agreement dated 7-9-1985 and that under the agreement the aforesaid factory comes within the property allowed to the 1st defendant. The contention is that issuance of a commission in the circumstances will cause unnecessary delay in the disposal of the suit and also will cause nuisance to the 1st defendant, who is aged 72 years.

2. The issuance of commission is only a step in aid in the disposal of a suit. The order directing issuance of a c


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