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2025 Supreme(Online)(Ker) 43871

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P. Krishna Kumar, J
NELLIYULLA PARAMBATH ANITHA – Appellant
Versus
ASOKAN ORAVUKUNDIL – Respondent


Advocates:
For the Appellants/Petitioners: Shri.R.K.Muraleedharan
For the Respondents: Sri.M.Promodh Kumar, Shri.P.R.Sreejith

Table of Content
1. challenge of commission report (Para 1)
2. timely challenges required (Para 3)
3. closure of petition while reserving rights (Para 4)

JUDGMENT

This petition is filed by the plaintiff in a suit before the Munsiff Court, Nadapuram, challenging Ext.P6 order, by which the application filed by the petitioner to remit back the commission report was dismissed.

2. Heard both sides.

3. It appears from the records that the petitioner had sufficient opportunity to challenge the commission reports and to make the request before the commencement of the trial. However, he filed the application only during the course of the trial, and that too after examining the commissioner and the surveyor.

4. Considering all aspects involved in the matter, I am of the view that the remedy of the petitioner lies under Section 105 of the Code of Civil Procedure , whereby he can raise such grievances, if the final decision in the suit goes against him and he decides to file an appeal.

Reserving that right, the original petition is closed.

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