HIGH COURT OF KERALA
P.BHAVADASAN, J
MEETHAL ABDUL SATHAR – Appellant
Versus
B T ABDUL SATHAR Advocate - P U SHAILAJAN ,P U SHAILAJAN – Respondent
JUDGMENT
Aggrieved by the allotment of shares in the final decree of plots C and C1 to the appellant, the appellant has come up in appeal.
2. In view of the fact there is no dispute regarding the shares available to the contesting parties in the final decree application, i.e. I.A. 1260 of 2009, a Commissioner was deputed and he prepared a sketch and plan and since no objections were filed, when the matter was taken up for hearing, the court found that the allotment was just and fair and a final decree was passed.
3. The appellant carried the matter in appeal before the lower appellate court as A.S. 197 of 2012. The lower appellate court on a reappreciation of the materials before it found that the allocation made by the commissioner is just RSA.1192/2013.
and reasonable and that is the only feasible method of allotment and since final decree was passed in terms of commission report to which objections were taken and were not established, no grievance remains to be redressed and dismissed the appeal. That has brought the appellant before this Court.
4. Before this Court also the contention taken is that the appellant had taken objection to the Commission report and sought remission of th
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