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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Apoorva, J
MUNEER – Appellant
Versus
M.P. BEERAN HAJI – Respondent
| Table of Content |
|---|
| 1. petitioner seeks judicial remedy against specific court order. (Para 1 , 2) |
| 2. delays attributed to mediation efforts justified the petitioner's actions. (Para 3 , 4) |
| 3. legal arguments presented by counsel for both parties. (Para 5 , 6) |
| 4. court's ruling on the dismissal and direction for re-evaluation. (Para 7) |
JUDGMENT
This original petition is filed against Ext.P7 order in I.A.No.2358/ 2017 in O.S.No. 734/2014 on the files of the Additional Munsiff Court-II, Kozhikode. The suit is filed by the petitioner herein for declaration of easement right, permanent prohibitory injunction and mandatory injunction.
2. Respondents/ defendants filed Exts.P2 and P3 written statements to Ext.P1 plaint. The Advocate Commissioner appointed on an application by the petitioner, filed Ext.P4 report dated 15/07/2014 and Ext.P5 plan.
3. The petitioner filed Ext.P6 application as I.A.No.2358/2017 for remitting the report and sketch of the Advocate Commissioner to appoint an expert Engineer to assist the Commissioner for assessing the cost for the construction of the retaining wall. The respondents did not file counter to the said application. The court, by Ext.P7 order, rejected the appli
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