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2026 Supreme(Online)(Ker) 19579
IN THE HIGH COURT OF KERALA AT ERNAKULAM
T.R.RAVI, J
MINI SANKAR @ MINIMOL K.P – Appellant
Versus
R.SATHYAPALAN – Respondent
OP(C) NO. 268 OF 2025
For the Appellants/Petitioners: SRI.DINESH R.SHENOY, SMT.HELAN PAULOSE, SMT.PANCHAMI MENON, SMT.SHANTHIPRIYA D. SHENOY, SRI.MOHAMED SHALI NAMSHAD, SMT.NANDANA S. SREENATH
For the Respondents: SRI.BALASUBRAMANIAM R., SRI.P.S.SREE PRASAD
Court can permit assistance in technical matters during inspections without affecting legal merits.
Headnote:The petitioners challenged the rejection of their request for a Surveyor's assistance during an inspection by the Advocate Commissioner, arguing their lack of expertise in surveying. The court found their request justified but stipulated that they must not interfere with the ongoing work. Resultantly, the court allowed the petitioners to seek such assistance.
| Table of Content |
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| 1. challenge to rejection of assistance in survey. (Para 1) |
| 2. petitioners' need for competent assistance noted. (Para 2) |
JUDGMENT
The petitioners have challenged Ext.P10 order whereby a request for allowing a competent Surveyor nominated by the plaintiffs to assist them at the time of inspection by the Advocate Commissioner has been rejected by the court finding that it will not in any manner affect the merits of the case.
2. The counsel for the petitioners submits that the court has already ordered a Commissioner assisted by a Surveyor appointed by the Munsiff Court, Vaikom to carry out the measurements and all that the petitioners wants is the help of another competent person who can advise them on what is going on at the time of inspection so that they can, if necessary, file objection regarding the manner in which the Advocate Commissioner had measured the property.
2. The above submission cannot be said to be totally unjustified since the petitioners are not persons in the know of how a survey is conducted which is highly technical.
In the above circumstances, this original petition is allowed. Ext.P10 is set aside. The petitioners shall be permitted to seek assistance of a person of their choice to help them, on condition that neither the petitioners nor the person who assists them, shall interfere with the manner in which the work is carried out by the Advocate Commissioner along with the Surveyor appointed by the court.
Sd/-
T.R.RAVI JUDGE mpm APPENDIX OF OP(C) NO. 268 OF 2025 PETITIONERS’ EXHIBITS Exhibit P1 TRUE PHOTOCOPY OF AMENDED IN PLAINT IN OS NO.5/2023, MUNSIFF COURT, VAIKOM DATED 26/12/2022.
