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Parameswaran Pillai

High Court Of Kerala|21 October, 2014
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JUDGMENT / ORDER

Petitioner has filed this review petition seeking leave of this Court.
2. Review petitioner submits that by virtue of the judgment dated 05/06/2014 in W.P.C.No.14215/2014, the 1st respondent herein has sought for measurement of the property during the pendency of two suits between the parties. The said materials had not been disclosed by the 1st respondent, is the contention of the petitioner.
3. Apparently, while the review petition was pending, Taluk Surveyor has measured the property with reference to the title deed of the 1st respondent. The apprehension expressed by the review petitioner is that the 1st respondent may use the report and plan prepared by the Taluk Surveyor for the purpose of the suit which may cause substantial prejudice as far as his right in respect of the property is concerned.
4. If the 1st respondent intends to utilise the report of and plan prepared by the Taluk Surveyor for the purpose of the suit, review petitioner has all the right to object to such report and adduce evidence to substantiate his contentions before the Civil court. Under these circumstances, I do not think that there is any necessity to review the judgment. By the impugned judgment, this Court had only directed the property of the 1st respondent be measured by the Taluk Surveyor within a specified period. If the report prepared by the Taluk Surveyor affects the interest of the review petitioner, as already indicated, he is at liberty to take up the matter before the Civil court.
With these observation, this review petition is disposed of.
jsr (SD/-) (A.M.SHAFFIQUE, JUDGE)
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Title

Parameswaran Pillai

Court

High Court Of Kerala

JudgmentDate
21 October, 2014
Judges
  • A M Shaffique
Advocates
  • Sri