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2025 Supreme(Online)(Ker) 58056

IN THE HIGH COURT OF KERALA AT ERNAKULAM
T.R. RAVI, J
LAKSHMIKUTTY THAPER @ MRS.KOMALAM D/O. BHARATHIYAMMA – Appellant
Versus
INDIRAMMA @ INDIRA G. NAIR (DIED LRS IMPLEADED) – Respondent


Advocates:
For the Appellants/Petitioners: SRI.T.M.RAMAN KARTHA
For the Respondents: SMT.G.N.DEEPA, SRI.T.M.RAMAN KARTHA, SMT.G.N.JEEJA, SRI.G.N.NAIR, SHRI.SREEHARI INDUKALADHARAN

JUDGMENT

This original petition has been filed challenging Ext.P8 order of the Munsiff Court, Vaikom in I.A.No.1699 of 2018 in O.S.No.152 of 2012. The petitioners are plaintiffs in a suit for partition, which has been decreed. In the final decree proceedings a Commission was taken out. The Commissioner was directed to identify the properties scheduled as Items 1 and 2 in accordance with the survey records and the descriptions shown in decree schedules and boundaries. Ext.P5 is the report submitted by the Commissioner. The report says that the property has been identified on the basis of the description in the decree schedule alone and not in accordance with the survey records. As such, the said report cannot be the basis for passing a final decree. It is in the above circumstances that the petitioners had filed I.A.No.1699 of 2018 for remitting the report to the Commissioner and to call for a report as required. The said application has been rejected by the court below by Ext.P8 order. The order says that the allegation of the petitioners is that the Commissioner and Surveyor did not measure the property properly. However, it is seen from the Commission report itself that no Surve

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