IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.CHITAMBARESH THURSDAY, THE 24TH NOVEMBER 2011 / 3RD AGRAHAYANA 1933 WP(C).No. 20552 of 2007(V) -------------------------- AGAINST THE ORDER IN IA. 643 /2007 IN OS.441/1996 of III ADDL.SUB COURT, KOZHIKODE .................... PETITIONER(S): --------------- UPPINATH VALAYANNUR SREEMATHI, AGED 80 YEARS, D/O BAPPUTTY, EDAKKODI HOUSE, KANNANKARA AMSOM DESOM, KOZHIKODE TALUK. BY ADV. SRI.K.M.FIROZ RESPONDENT(S): --------------- 1. UPPINATH VALAYANNUR RAJAN, AGED 68 YEARS, THALAKULATHUR AMSOM DESOM, KOZHIKODE TALUK. 2. UPPINATH VALAYANNUR U.V.MALLIKA, AGED 56, YEARS, W/O RAJAN -DO-. 3. U.V.LAKSMI, AGED 73 YEARS, D/O BAPPUTTY, "RAJASREE", ELATHUR VILLAGE, KARNATHUR AMSOM DESOM KOZHIKODE TALUK. 4. U.V.PRABHAKARAN, S/O.BAPPUTTY, AGED 75 YEARS, DO. DO. 5. U.V.PADMANABHAN, AGED 70 YEARS, S/O.BAPPUTTY -DO- 6. U.V.LEELA, SURYAMKANDY, AGED 64 YEARS, D/O BAPPUTTY, THALAKULATHUR VILLAGE, THALAKULATHUR AMSOM DESOM, KOZHIKODE TALUK. 7. U.V. DEVI, W/O. U.V. SEKHARAN, AGED 72 YEARS, -DO- 8. U.V. NARAYANI, W/O. U.V. NARAYANAN -DO- 9. U.V. SURESH S/O. U.V. NARAYANAN, AGED 37 YEARS, -DO- 10. U.V. SREEJAYAN, AGED 37 YEARS, S/O. U.V. NARAYANAN, -DO- 11. U.V. SUGITHA, W/O. VALSAN, AGED 42 YEARS, PAYAPURATH HOUSE, ATHOLI VILLAGE, KOYILANDY TALUK. 12. U.V. SHEENA, AGED 39 YEARS, D/O. NARAYANAN, KOPOTH HOUSE, POTTAMMAL, KOZHIKODE TALUK. 13. U.V. SHERLY, AGED 39 YEARS, D/O. U.V. NARAYANAN, KOLIYOT HOUSE, ANNASSERY, ANDIKODE, KOZHIKODE. 14. U.V. LAKSHMI, AGED 59 YEARS, W/O. U.V. RAMACHANDRAN, THALAKULATHUR AMSOM DESOM, KOZHIKODE TALUK. 15. U.V. PRASAD, S/O. RAMACHANDRAN, -DO- 16. U.V. NISHA, W/O. GIRISH, -DO- ADV. SMT.PRABHA R.MENON FOR R1,2 SRI.M.KRISHNAKUMAR FOR R1,2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 20552/2007 APPENDIX PETITIONER'S EXHIBITS EXHIBIT P1 : TRUE COPY OF THE PLAINT IN OS NO. 441 OF 1996 SUBMITTED BY THE 1ST AND 2ND RESPONDENT HEREIN. EXHIBIT P2 : TRUE COPY OF THE WRITTEN STATEMENT DATED 20.05.1997. EXHIBIT P3 : TRUE COPY OF THE AFFIDAVIT IN SUPPORT OF I.A. NO. 2495 OF 1997. EXHIBIT P4 : TRUE COPY OF THE AFORESAID COUNTER STATEMENT FILED BY THE PLAINTIFFS IN I.A. NO. 2495/1997. EXHIBIT P5 : TRUE COPY OF ROUGHT SKETCH PREPARED BY THE PETITIONER IN RESPECT OF LOCATION OF PLAINT SCHEDULE PROPERTIES. EXHIBIT P6 : TRUE COPY OF THE COMMISSION REPORT SUBMITTED BY LEARNED COMMISSIONER. EXHIBIT P7 : TRUE COPY OF THE AFFIDAVIT IN SUPPORT OF APPLICATION FOR REMITTING THE COMMISSION REPORT. EXHIBIT P8 : TRUE COPY OF THE IMPUGNED ORDER PASSED BY THE COURT BELOW IN I.A. NO. 643 OF 2007. EXHIBIT P9 : TRUE COPY OF THE CERTIFIED COPY OF THE DOCUMENT NO. 348 OF 1963. RESPONDENT'S EXHIBITS :NIL /TRUE COPY/ P.A. TO JUDGE. V. CHITAMBARESH, J -------------------------------- WP(C) NO. 20552 OF 2007 ------------------------------------ Dated this the 24th day of November, 2011. JUDGMENT Ext.P8 order whereby the court below refused to remit the report of Advocate commissioner has been challenged in this writ petition. The petitioner/5th defendant sought remittance on the ground that one item of property has been omitted to be reckoned by the Advocate Commissioner. The Advocate Commissioner was appointed by the Court below under Section 19 of the the Kerala Court Fees and Suits Valuation Act. 2. This court will not justified under Article 227 to test whether Ext.P6 report of the Advocate commissioner is complete and correct. It is open to the petitioner/5th defendant to lead evidence before the court below in terms of Section 12 of the Kerala Court Fees and Suits Valuation Act as regards the valuation of the suit and the court fee payable. Reserving such right of the petitioner, 2 WP(C) No. 20552/2007 the writ petition is dismissed confirming Ext.P8 order. 3. It is also brought to my notice that Ext.P3 application filed by the 5th defendant for initiating proceedings against the plaintiff is pending disposal. The court below shall expedite the hearing of that application also. V. CHITAMBARESH JUDGE dnc