IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN THURSDAY, THE 22ND JANUARY 2009 / 2ND MAGHA 1930 WP(C).No. 29603 of 2007(Y) -------------------------------------------- IA.4285/07 IN OS.111/2004 of PRL.MUNSIFF COURT, THRISSUR .................... PETITIONER: RAMAKRISHNAN, AGED 57 YEARS, S/O. KAILATHVALAPPIL VELAPPAN, AVINISSERY VILLAGE, VALLISSERY DESOM, THRISSUR TALUK. BY ADV. SRI.P.K.SAJEEV RESPONDENT: VASANTHAKUMAR, S/O. KALATHVALAPPIL VELAPPAN, AVINISSERY VILLAGE, VALLISSERY DESOM, THRISSUR TALUK. ADV. SRI.JIJO PAUL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. Balachandran, J. -------------------------- W.P.(C)No.29603 of 2007 Y -------------------------- JUDGMENT Heard counsel on both sides. 2. The prayer in this writ petition is to set aside Exhibit P10 order, whereby, the court below refused to set aside the commission report on the application submitted by the petitioner. It is submitted that the commission report was being obtained on an application made by the respondent/ defendant. It is further submitted that the suit is only for a decree of permanent prohibitory injunction. It was unnecessary to issue a commission in a suit for permanent prohibitory injunction allowing Exhibit P5 commission application for the purpose of surveying the properties with reference to their description in the title documents, survey records, etc. with the assistance of a Surveyor, as what is required to be proved in a suit for permanent prohibitory WPC 29603/07 2 injunction is that the plaintiff is in possession of the property scheduled to the plaint. Hence, even in the event of commission report not being set aside, the court below can just ignore the commission report and consider the evidence that may be adduced by the parties independent of the commission report, with respect to the possession of the scheduled property, wherein, the actual boundary of any property as per the survey plan does not arise for consideration. The writ petition is disposed of with the above observation. 22nd January, 2009 (K.P.Balachandran, Judge) tkv