IN THE HIGH COURT OF KERALA AT ERNAKULAM
T.R.RAVI, J
YOUSAF – Appellant
Versus
SATHYABHAMA – Respondent
JUDGMENT
The original petition has been filed seeking to set aside Ext.P9 order, whereby an application to remit a commission application was rejected. The suit has been under stay for the past ten years. No purpose will be served by retaining this original petition any longer before this Court. Since it is only a case of remitting the commission report, the original petition is allowed. Ext.P9 is set aside. IA No.175 of 2014 in OS.No.217 of 2009 on the file of Sub Court, Ottappalam is allowed. There will be a direction to the Court below to appoint an Advocate Commissioner or remit the commission report to the same commissioner, if the same commissioner is available, and after getting a fresh report, the trial shall be proceeded with. Since it is an old matter, all efforts shall be taken to complete the trial and dispose of the suit within six months from the date of receipt of a copy of this judgment. It is made clear that the commission report which is already available is not set aside.
Sd/-
T.R.RAVI JUDGE
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