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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MURALI PURUSHOTHAMAN
Sami Velladan – Appellant
Versus
Muhammed – Respondent
| Table of Content |
|---|
| 1. review petition challenges acceptance of commission report. (Para 2 , 4) |
| 2. arguments regarding the sufficiency of evidence in the commission report. (Para 3 , 6 , 7) |
| 3. ruling on findings of the munsiff's order. (Para 5) |
| 4. court's observations on evidence and trial court's jurisdiction. (Para 8 , 9) |
| 5. final observations and dismissal of the review petition. (Para 10) |
| 6. final dismissal of the review petition with observations. (Para 11) |
ORDER :
This review petition is filed against the judgment dated 12.08.2025 passed by this Court in O.P.(C) No.2351 of 2022.
3. The learned Munsiff, after examining the Commissioner, dismissed Ext.P9 application by Ext. P11 order stating that the reasons stated in the application are insufficient to set aside the Commission report. The learned Munsiff observed that the Commissioner has identified and marked the plaint schedule properties as required by the petitioners in Ext.P6 application. This Court, finding no error of jurisdiction or error of law in Ext. P11 order, refused to interfere with it in the exercise of jurisdiction under Article 227 of the Constitution of India and dismissed the original petition.
5. Heard Sri.Rajesh R Kor
The court upheld the trial court's decision, confirming that Commission reports must adequately support the identification of disputed property, emphasizing the importance of presenting sufficient ev....
Point of Law : when the plaintiff approached the learned Munsiff for fixing the southern boundary of his property, the Munsiff is bound to adjudicate the dispute and to give a verdict.
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 Advocate Commissioner's report is non-adjudicatory and serves only to assist the court, not to bind it in decision-making.
The court determines the necessity of adhering to survey records in partition proceedings, emphasizing accurate property identification.
Trial Court may not modify orders without sufficient justification and must consider all previous decisions unless challenged.
The petitioners are required to adduce evidence against an Advocate Commissioner's report before compelling her examination, reflecting procedural due process.
A commission report can be remitted for further inquiry without being set aside if it is found to be deficient, ensuring judicial efficiency.
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