Kerala High Court
Parakkal Velayudhan vs M.G.Kunhalankutty on 26 September, 2013
Author: Antony Dominic
Bench: Antony Dominic
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC
THURSDAY, THE 29TH DAY OF SEPTEMBER 2016/7TH ASWINA, 1938
OP(C).No. 3743 of 2013 (O)
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AGAINST THE ORDER IN I.A.1552/2013 in OS 425/2012 of
ADDL.M.C.,KOZHIKODE-II DATED 26.9.2013
PETITIONER/PETITIONER/PLAINTIFF:
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PARAKKAL VELAYUDHAN
S/O. APPU, AGED 84 YEARS, PARAKKAL HOUSE,
NEAR OLD VILLAGE OFFICE P.O.,
CHALIYAM, KADALUNDI AMSOM,
PAZHANCHANNUR DESOM, KOZHIKODE-673 301.
BY ADV. SRI.P.V.KUNHIKRISHNAN
RESPONDENT/RESPONDENT/DEFENDANT:
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M.G.KUNHALANKUTTY, AGEE 55 YEARS,
S/O. AHAMMADKUTTY, MOOTHEDATH CHEMMAT VEED,
P.O. CHALIYAM, KADALUNDI AMSOM,
PAZHANCHANNUR DESOM, KOZHIKODE-673 301.
R1 BY ADV. SMT.BINDU GEORGE
THIS O.P.(CIVIL) HAVING BEEN FINALLY HEARD ON 29-09-2016,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(C)No.3743 of 2013 (O)
APPENDIX
PETITIONER'S EXHIBITS:
P1:-TRUE COPY OF THE PLAINT IN O.S.NO.425 OF 2012
ON THE FILES OF THE ADDITIONAL MUNSIFF COURT
II,KOZHIKODE DTD 23/5/2012.
P2:-TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE
RESPONDENT DTD 10/12/2012
P3:-TRUE COPY OF THE COMMISSION REPORT SUBMITTED BY
THE COMMISSIONER DTD 21/8/2012
P4:-TRUE COPY OF THE APPLICATION SUBMITTED BY THE
PETITIONER FOR REMITTING THE COMMISSION REPORT DTD
27/3/2013
P5:-TRUE COPY OF THE OBJECTION FILED BY THE
RESPONDENT DTD 28/6/2013.
P6:-TRUE COPY OF THE PETITION FILED BY THE
PETITIONER TO ADDUCE ADDITIONAL DOCUMENTS DTD
19/8/2013.
P7:-TRUE COPY OF THE ORDER PASSED BY THE ADDITIONAL
MUNSIFF II, KOZHIKODE DTD 26/9/2013 IN IA NO 1552
OF 2013 IN OS NO 425 OF 2012.
RESPONDENTS' EXHIBITS:
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NIL.
// TRUE COPY //
P.A. TO JUDGE
ANTONY DOMINIC, J.
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O.P.(C)No.3743 of 2013
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Dated this the 29th day of September, 2016
JUDGMENT
Heard learned counsel for the petitioner and the learned counsel appearing for the respondent.
2. Though the prayer in this original petition is to set aside Ext.P7 order dismissing the application filed by the petitioner herein to remit Ext.P3 Commissioner's Report, on hearing both sides, what I find is that the aforesaid exercise to get the Ext.P3 Commissioner's Report set aside is only for the reason that the said report contains an erroneous statement that "
."
According to the petitioner, though such a fact is irrelevant to the suit in question, the statement is factually erroneous in as much as it is not his younger son who is ill but it is the elder son. Respondent also have no objection in either correcting the aforesaid statement or even deleting the same. O.P.(C)No.3743 of 2013 : 2 :
3. In the the aforesaid circumstances, I dispose of this original petition clarifying that the aforesaid statement in Ext.P3 report being an erroneous one according to the petitioner, shall stand deleted from Ext.P3 Commissioner's Report.
Original petition is disposed of as above.
Sd/-
ANTONY DOMINIC JUDGE jes