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2022 Supreme(Online)(KER) 41985

HIGH COURT OF KERALA
C.S. DIAS, J
GEORGE K GEORGE
– Appellant
Versus

SHEBIN ABDUL – Respondent


Advocates:
LUKE J CHIRAYIL, M.G.SREEJITH

JUDGMENT

The original petition is filed, inter-alia, to direct the Court of the Musniff, Kollam to issue the carbon copy/certified copy of the orders passed in I.A.Nos.2/2022, 4/2022 and 6/2022 in O.S.No.683/2022 within a time frame.

2. The concise case of the petitioners is that, they are the plaintiffs in the above suit, which is filed against the respondents for recovery of money. They had filed I.A.No.2/2022 (Ext.P3) for appointing an expert to conduct a site inspection of the building. Ext.P3 application was resisted by the respondents through Ext.P4 counter statement. Thereafter, the respondents filed I.A.No.4/2022 (Ext.P5) to appoint an Advocate Commissioner to be assisted by an expert Chartered Engineer to conduct an inspection. Then, the respondents filed I.A.No.6/2022 (Ext.P6) to direct the Advocate Commissioner to execute the order at the earliest.

3. The petitioners contend that the court below has allowed Exts.P3 and P5 applications, which are self – contradictory. If the same Advocate Commissioner is assisted by two Experts, there is a possibility of conflicting reports being filed. The petitioners propose to challenge Exts P3, P5 and 6 orders passed by the court below.

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