LAKSHMIKUTTY AMMA@ AMMUKUTTY AMMA v. RAGHAVAN NAIR
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Original judgment text
R1 TO R4 BY ADV. SRI.P.VENUGOPAL THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 07-08-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: DG OP(C).No. 1593 of 2012 (O) APPENDIX PETITIONER(S) EXHIBITS: EXT P1- COPY OF THE WRITTEN STATEMENT FILED BY THE PETITIONER IN O.S NO.190/2009 ON THE FILE OF THE SUB COURT, MANJERI. EXT P2- COPY OF THE ISSUES FRAMED IN O.S NO.190/2009 DATED 09.02.2012 ON THE FILE OF THE SUB COURT, MANJERI. EXT P3- COPY OF THE APPLICATION IA NO.391 OF 2012 DATED 08.02.2012 FILED BY THE IST PLAINTIFF IN OS NO.190/2009 ON THE FILE OF THE SUB COURT, MANJERI. EXT P4- COPY OF THE COUNTER STATEMENT DATED 09.02.2012 FILED BY THE PETITIONER IN EXT.P3 APPLICATION. EXT P5- COPY OF THE ORDER DATED 14.02.2012 IN IA NO.391/2012 IN OS NO.190/2009 ON THE FILE OF THE SUB COURT, MANJERI. RESPONDENTS' EXHIBITS - NIL //TRUE COPY// P.A TO JUDGE DG V.CHITAMBARESH, J. -------------------------- O.P.(C) No.1593 Of 2012 --------------------------------------- Dated this the 7th day of August , 2012. J U D G M E N T The prayer in this original petition is to expunge some adverse remarks in the order in I.A.No.391/2012 in O.S.No.190/2009 on the file of the Court of the Subordinate Judge of Manjeri. The petitioner has not challenged the final decision on the application filed to depute an Advocate Commissioner at the preliminary decree stage.
2. The suit is one for partition and the Advocate Commissioner deputed in the final decree proceedings can as well identify the various items of property. The same shall be done untrammelled by anything said in the order impugned. The remarks as against the first defendant in the order impugned are however wholly unwarranted.
3. The Original Petition is disposed of subject to the above observation. V.CHITAMBARESH, JUDGE DG