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2025 Supreme(Online)(Ker) 57777

IN THE HIGH COURT OF KERALA AT ERNAKULAM
P. KRISHNA KUMAR, J
BINDHU KURIAN – Appellant
Versus
JOSEPH SEBASTIAN – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.JOMY GEORGE, SRI.DEEPAK MOHAN, SMT. CHITRA N. DAS, SHRI.RISHAB S.
For the Respondents: SRI.P.C.HARIDAS

JUDGMENT

This Original Petition is filed against Ext. P8 order passed by the Munsiff Court, Pala, by which an application for amendment submitted by the plaintiffs–respondents herein was allowed based on the report of the Commission.

2. The grievance of the petitioner is that the report of the Commission, which granted permission to amend the plaint, is incorrect and has already been challenged by the petitioner.

3. Heard both sides.

4. During the course of hearing, both sides conceded that the Original Petition can be disposed of by observing that the learned Munsiff has to reconsider Ext. P8 order subject to the outcome of the petition filed by the present petitioner for setting aside the Commission report.

5. In view of the above submissions, the Original Petition is disposed of by directing the learned Munsiff to dispose of the petition filed for setting aside the Commission report at the earliest and to reconsider Ext. P8 order if the court decides to set aside the Commission report.

Sd/-

P.KRISHNA KUMAR, JUDGE dlk/17/12/

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