IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 19TH MARCH 2008 / 29TH PHALGUNA 1929 WP(C).No. 9392 of 2008(R) ------------------------- IA NO.228/08 IN OS.200/2006 of MUNSIFF COURT, PUNALUR .................... PETITIONER: ------------ VAMADEVAN, S/O.KESAVAN, KODIYAZHIKATH HOUSE, THAZHAMEL MURI, ANCHAL, PATHANAPURAM. BY ADV. SRI.ALEXANDER GEORGE SRI.DILIP MOHAN RESPONDENTS: ------------- SUSEELA, W/O.K.RAMACHANDRAN, 15/3, GANGAMMA TEMPLE ROAD, JALANALLI, BANGALORE-13. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N.KRISHNAN, J. ------------------------------------------- W.P.(C).No.9392 of 2008 ------------------------------------------- Dated this the 19th day of March, 2008 JUDGMENT This writ petition is preferred against the order of the Munsiff, Punalur in I.A.No.228/08 in O.S.No.200/06. The court has dismissed the application for issuance of a Commission with the assistance of a Surveyor. 2. The learned counsel had read over the prayer portion in the plaint before me whereby it is clear that the suit is one for an injunction with respect to B schedule pathway and the plaintiff is claiming right of easement by prescription over the pathway. It is also submitted by the learned counsel that after injunction application was dismissed by the court below, it has been tampered with and therefore, it is absolutely necessary that the materials available to find out the width of the pathway in the B schedule. According to the plaintiff, in the case the road is having a width of 3 meteres. Since already a Commissioner has visited the property and submitted a report, it is desirable to direct the same Commissioner to visit the property and find out WPC 9392/08 2 the width of the B schedule pathway if available in existence and submit a plan and report. It is also for the plaintiff to point out the way which according to him was there in existence and that also can be noted by the Commissioner. The defendant is also at the liberty to request the Commissioner to submit the particulars which she wants in support of the contention. In order to enable the Commissioner to do the work, the order under challenge is set aside. The writ petition is disposed of accordingly. M.N.KRISHNAN, JUDGE csl