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IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. NATARAJAN
P.E. Bhaskara Kurupp, S/o Raghavan Nair – Appellant
Versus
Palakkunnath Nangolath Sukumaran Nair S/o Sarojini Amma – Respondent
| Table of Content |
|---|
| 1. challenging trial court's commissioner's report. (Para 1 , 2) |
| 2. arguments on commissioner measurement issues. (Para 3 , 4) |
| 3. history of the case and previous remittances. (Para 5 , 6) |
| 4. trial court's directives to the commissioner. (Para 7 , 8 , 9) |
| 5. no interference with trial court's order. (Para 10 , 11 , 12) |
JUDGMENT :
K. NATARAJAN, J.
This original petition is filed by the petitioner/defendant, challenging Ext.P7 order dated 09.04.2024 by the trial court for remitting back the commissioner report, and for filing separate plan in accordance with the measurements as per Ext.A1 partition deed.
2. The learned counsel for the petitioner/defendant contented that the commissioner has not properly measured the property, therefore, the commissioner’s report should be set aside and a fresh commissioner required to be appointed for the purpose of taking measurements and producing fresh sketch, as per the fresh work memo produced by the parties. Whereas, the respondent also filed an application for remitting back the commissioner report, which was already filed by the commissioner as per Ext.P4(a), for want of some more clarification in the commissioner report. By common ord
The court upheld the trial court's decision to remit a commissioner's report for further clarifications, asserting that appointing a new commissioner would unnecessarily delay case resolution.
A commission report can be remitted for further inquiry without being set aside if it is found to be deficient, ensuring judicial efficiency.
Trial Court may not modify orders without sufficient justification and must consider all previous decisions unless challenged.
The report of an Advocate Commissioner serves as evidence and can be contested, but it cannot be scrapped without a thorough examination of the evidence and the context of the ongoing trial.
The court determines the necessity of adhering to survey records in partition proceedings, emphasizing accurate property identification.
The main legal point established in the judgment is that a new Court Commissioner should not be appointed unless the report of the earlier Commissioner is discarded, and parties are entitled to exami....
(1) Reasons – Reasons for superseding the first Commissioner’s report must be recorded in writing by the Court.(2) Second Commission – The dissatisfaction can be before the submission of the report o....
The court determined that an Advocate Commissioner's report cannot be entirely scrapped but may require further inquiry for a satisfactory resolution in civil proceedings.
The trial court must consider applications on their merits after a suit is restored, rather than dismissing them based on perceived delays.
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