IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 17TH MARCH 2008 / 27TH PHALGUNA 1929 WP(C).No. 8944 of 2008(M) ------------------------------------- AGAINST THE ORDER DATED 31/01/2008 IN IA 2106/07 IN OS.419/2005 of MUNSIFF COURT, PUNALUR ............................................... PETITIONER: ------------------ PRASANNA KUMARI, ARAVINDA BHAVANAM (GOKULAM), KANNIMELTHERI, PATTAZHI, (REP. POWER OF ATTORNEY HOLDER OF RAJENDRAN UNNITHAN, S/O.NARAYANA PANICKER, ARAVINDA BHAVAN, GOKULATHIL VEEDU, KANNIMELTHERI, PATTAZHY VILLAGE, PATHANAPURAM TALUK). BY ADV. SRI.P.SANTHALINGAM SRI.S.SHARAN RESPONDENTS: ---------------------- K.R.SHEENA, KAMALA BHAVAN, MANJAKALA MURI, THALAVOOR VILLAGE. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/03/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 8944 OF 2008 = = = = = = = = = = = = = = = Dated this the 17th day of March, 2008. J U D G M E N T This writ petition is preferred against the order of the Munsiff, Punalur in I.A.2106/07 in O.S.419/05. It was an application for issuance of a Commission with the assistance of a surveyor. The suit is with respect to the lateral support. The Court below held that already a Commission application was allowed and there is no dispute with respect to possession of the property between the plaintiff and the defendant. Therefore the Court found that measurement of property with the help of surveyor is not necessary as two other plan and reports are already available before Court. Therefore I do not find any ground to interfere with the decision rendered by the Court below and therefore the writ petition is dismissed. W.P.C 8944 OF 2008 -:2:- It is submitted by the learned counsel that on account of the withdrawal of the lateral support it will cause injury to the property of the plaintiff and therefore it requires urgent consideration. I direct the Court below, if possible, and if steps are completed, to have an expeditious trial of the matter. M.N. KRISHNAN, JUDGE. ul/-