Pradeep vs Johnson
2021 Latest Caselaw 22168 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                   THE HONOURABLE MR.JUSTICE V.G.ARUN
     FRIDAY, THE 5TH DAY OF NOVEMBER 2021 / 14TH KARTHIKA, 1943
                         OP(C) NO. 1899 OF 2019
 AGAINST THE ORDER/JUDGMENT IN OS 148/2016 OF JUDICIAL MAGISTRATE OF
                   FIRST CLASS , MANNARKAD, PALAKKAD
PETITIONER/S:

           PRADEEP
           AGED 37 YEARS
           S/O. PRABHAKARAN, KONNALIKKAL HOUSE, KALLAMALA AMSOM,
           MANNARKKAD TALUK-678 582

           BY ADV K.SUNITHA VINOD



RESPONDENT/S:

     1     JOHNSON
           S/O. JOSEPH, VALLANATTIL HOUSE, KALKANDI KALLAMALA AMSOM,
           MANNARKKAD TALUK-678 582.

     2     PRABHAKARAN,
           KONNALIKKAL HOUSE, KALLAMALA AMSOM, MANNARKKAD TALUK-678
           582.

     3     PRASAD,
           KONNALIKKAL HOUSE, KALLAMALA AMSOM, MANNARKKAD TALUK-678
           582

           BY ADV SRI.JOHN JOSEPH(ROY)




     THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 05.11.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(C) NO. 1899 OF 2019
                                   2



                             JUDGMENT

This original petition is filed voicing an apprehension

that the expert deputed along with the Advocate

Commissioner is biased and therefore the report will go

against the petitioner. The expert appointed by the trial

court is PWD Engineer, Building Section, Agaly.

2. The learned Counsel for the petitioner submits that

pending this original petition, a new person has been

appointed as the PWD Engineer at Agaly.

In view of the subsequent development, the Original

petition is closed, directing the incumbent Engineer to assist

the Commissioner in filing the report while executing the

warrant. The Advocate Commissioner and expert shall

consider the work memos submitted by the parties. Being a

suit of the year 2016, the Advocate Commissioner and expert

shall take earnest efforts to conduct the inspection at the OP(C) NO. 1899 OF 2019

earliest and to submit the reports expeditiously.

Sd/-

V.G.ARUN JUDGE RK OP(C) NO. 1899 OF 2019

APPENDIX OF OP(C) 1899/2019

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE WRITTEN STATEMENT DATED 11.01.2017.

EXHIBIT P2 TRUE COPY OF THE CERTIFIED COPY OF THE PROCEEDINGS IN I.A. NO. 19/2019 IN O.S. NO. 148/2016.

EXHIBIT P3 TRUE COPY OF THE REPORT OF THE EXPERT DATED 11.04.2019.

EXHIBIT P4 TRUE COPY OF THE COMMISSION REPORT DATED 22.05.2019 FILED IN THE ORIGINAL SUIT.

EXHIBIT P5 TRUE COPY OF THE CERTIFIED COPY OF I.A.

387/2019 DTD. 06.06.2019.

RESPONDENT'S EXHIBIT:

EXHIBIT R-1(a) TRUE COPY OF THE COMMISSION REPORT DATED 18.06.2016 IN O.S.No.148 OF 2016 ON THE MUNSIFFS-MAGISTRATE COURT, MANNARCAD