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2009 Supreme(Online)(KER) 17151

HIGH COURT OF KERALA
S.S.SATHEESACHANDRAN, J
P.V.KURIAKOSE – Appellant
Versus
TATA TEA LTD. – Respondent


Advocates:
SRI.D.KISHORE, SRI.LIJI.J.VADAKEDOM

J U D G M E N T

The writ petition is filed seeking the following reliefs: “i) To call for the records leading to the passing of Exhibit P5 and to quash the same.

ii) To direct the Munsiff Court, Devikulam to reconsider Exhibit P3 in accordance with law.”

2. Petitioner is the defendant in O.S.No.293 of 1999 on the file of the Munsiff Court, Devikulam and the respondent, the plaintiff. Suit is one for declaration of title, recovery of possession and injunction. Pursuant to filing of written statement by the petitioner/defendant resisting suit claim and the application moved by the respondent/plaintiff, an advocate commissioner conducted a local inspection, prepared a report and also a plan with the assistance of a surveyor. The petitioner/defendant thereafter moved an application (P3) for appointment of a fresh commission in which he raised objection to the report already filed before the court. The learned Munsiff, after hearing both sides dismissed that application. Ext.P5 is the copy of that order. Impeaching the propriety and correctness of Ext.P5 order, petitioner has filed this writ petition invoking the supervisory jurisdiction vested with this Court under Article 227 of the Con

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