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IN THE HIGH COURT OF KERALA AT ERNAKULAM
SYAM KUMAR V.M.
George – Appellant
Versus
Lilly V.V., W/O.K.K.Thampan – Respondent
| Table of Content |
|---|
| 1. overview of the petition challenging the lower court order rejecting an application to set aside a commission report. (Para 2 , 3) |
| 2. summary of contentions regarding the fairness of share allocation and the validity of the commission report evidence. (Para 4 , 5 , 6 , 7 , 8 , 9) |
| 3. scope of article 227 jurisdiction in judicial review, limiting interference to cases of manifest illegality or perversity. (Para 10 , 11) |
JUDGMENT :
Syam Kumar V.M., J.
This O.P.(C) is filed challenging Exhibit P6 order dated 02.02.2021, in I.A.No.179 of 2018 in I.A No.437 of 2016 (FDA) in O.S No.106 of 2013, on the files of the Subordinate Judges Court, Perumbavoor. Petitioners are the respondents in Final Decree Application No.437 of 2016 filed in O.S.No.106 of 2013.
2. Petitioners had filed I.A.No.179 of 2018 in I.A. No.437 of 2016 (FDA) in O.S.No.106 of 2013, seeking to set aside the Commission report and survey sketch filed by the Advocate Commissioner appointed for effecting partition of the decree schedule property in accordance with the preliminary decree dated 03.09.2015 passed by the Sub Court, Perumbavoor. By Exhibit P6 order dated 02.02.2021, the court below partly allowed the s
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