IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 17TH JUNE 2009 / 27TH JYAISHTA 1931 WP(C).No. 728 of 2009(J) ------------------------ OS.47/1998 of MUSNIFF COURT,ADOOR .................... PETITIONER(S): ------------------------ 1. RADHAKRISHNAN, HARISADANAM, KADAMPANADU VADAKKU MURI, KADAMPANADU VILLAGE. 2. AJIKUMAR, HARISADANAM, KADAMPANADU VADAKKU MURI, KADAMPANADU VILLAGE. 3. RADHAMONY, HARISADANAM, KADAMPANADU VADAKKU MURI, KADAMPANADU VILLAGE. 4. REMA BHAI, HARISADANAM, KADAMPANADU VADAKKU MURI, KADAMPANADU VILLAGE. BY ADV. MR.D.KISHORE RESPONDENT(S): --------------------------- SATHIAMMA SATHYABHAMA, PUTHENKALEECKAL VEEDU, MUNDAPPALLY MURI, PERINGANADU VILLAGE. BY ADV. SRI.DINESH R.SHENOY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.728/2009 J APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE COMMON DECREE IN O.S.47/98 (ALONG WITH O.S.567/97 ) OF MUNSIFF COURT, ADOOR. P2: COPY OF THE AFFIDAVIT ALONG WITH THE PETITION IN I.A.2007/05 IN O.S.47/98. P3: COPY OF THE COMMISSION REPORT ALONG WITH MAHAZAR AND PLAN. P4: COPY OF THE AFFIDAVIT AND PETITION IN I.A.NO.574/06 IN O.S.47/98. P5: COPY OF THE OBJECTION FILED BY THE RESPONDENT TO EXHIBIT P4. P6: COPY OF THE ORDER DTD. 7/11/2008 IN I.A.574/06 IN O.S.F.D.1272/02 IN O.S.47/98 BEFORE THE MUNSIFF COURT, ADOOR. RESPONDENT'S EXHIBITS: R1: PHOTOGRAPH OF THE BUILDING IN THE DECREE SCHEDULE PROPERTY. R1(A): PHOTOGRAPHS OF THE BUILDING IN THE DECREE SCHEDULE PROPERTY. /TRUE COPY/ P.A.TO JUDGE Kss S.S.SATHEESACHANDRAN, J. ------------------------------- W.P.(C).NO.728 OF 2009 () ----------------------------------- Dated this the 17th day of June, 2009 J U D G M E N T The Commission report and plan filed in a final decree proceedings were impeached by the petitioners contending that the report and plan suffer from serious infirmities, and so much so, they are liable to be set aside. The learned Munsiff, after examining the objections raised was not inclined to accept them and the objections were overruled under Ext.P6 order. Propriety and correctness of that order is impeached in this writ petition invoking the supervisory jurisdiction of this Court vested under Article 227 of the Constitution of India. 2. At the time of hearing, the learned counsel for the petitioner submitted that the final decree proceedings are over with the court below having already passed a decree. So much so, reserving his right to challenge the merit of the commission report and plan as well as the decree passed in the appeal, the writ petition may be disposed of. Writ petition WPC.728/09 2 is, therefore, disposed making it clear that it is open to the petitioner to take whatever challenges against the commission report and plan as well as the final decree in appropriate proceedings as provided by law. S.S.SATHEESACHANDRAN JUDGE prp S.S.SATHEESACHANDRAN, J. -------------------------------------------------------- CRL.R.P.NO. OF 2006 () --------------------------------------------------------- O R D E R --------------------------------------------------------- 23rd March, 2009