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Ayisha vs Shahul Hameed M.K

High Court Of Kerala|28 May, 2014
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JUDGMENT / ORDER

The existing lie of the property has already been reported by the Advocate Commissioner along with a rough sketch. The same Advocate Commissioner has been further directed to measure the distance between the structures in the property and submit an additional report. However the prayer of the petitioner for a survey sketch and to appoint an expert to assist the Advocate Commissioner stands rejected by the order impugned. I do not find any error of jurisdiction in the order impugned warranting interference in this supervisory jurisdiction.
2. I however permit the petitioner to examine any expert including an engineer after local inspection of the property with notice to the parties. The report if any filed by such expert can be proved by examining him at the time of trial of the suit. Such data shall also be taken into account at the time of disposal of the suit by the court below finally.
The Original Petition is dismissed subject to the above reservation.
ncd V. CHITAMBARESH JUDGE
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Title

Ayisha vs Shahul Hameed M.K

Court

High Court Of Kerala

JudgmentDate
28 May, 2014
Judges
  • V Chitambaresh
Advocates
  • T R Ravi Sri Jawahar
  • Jose Sri
  • V Vinay
  • Menon Smt Cissy
  • Mathews