IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 6TH FEBRUARY 2008 / 17TH MAGHA 1929 WP(C).No. 4407 of 2008(Y) ------------------------------------- OS.134/1957 OF I ADDL.SUB COURT,TRIVANDRUM. .................... PETITIONER: ------------------- ABUBACKER KUNJU MUHAMMADALI, PUTHEN VEEDU, CHIRAYINKEEZHU, CHIRAYINKEEZHU P.O., THIRUVANANTHAPURAM. BY ADV. SRI.D.SAJEEV. RESPONDENT: ---------------------- ISMAIL PILLAI, M.S.H. BUILDINGS, MELEVILA, MAZHUADI MURI, THEKKADA VILLAGE, NEDUMANGAD, TRIVANDRUM. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/02/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 4407 OF 2008 = = = = = = = = = = = = = = = Dated this the 6th day of February, 2008. J U D G M E N T This writ petition is preferred against Ext.P8 order whereby the Court has ordered issuance of a Commission which has been objected to by the respondent and I find counter statement Ext.P7 is filed against the appointment of a Commission for the reason that the whole property has been measured and final decree has been passed on the plan prepared and delivery has been effected on the strength of the final decree plan. It is submitted that at this stage a stranger comes and attempts to get a Commission appointed which may substantially affect the final decree passed by the Court. It appears that the Court has not applied its mind at all to the facts of the case and further the order is a non- speaking order which requires interference. Therefore I set aside the order passed by the Court below and direct the Court below to consider the application afresh after hearing W.P.C 4407 OF 2008 -:2:- both sides and also considering the objections raised against the issuance of a Commission. Needless to say that the Commissioner if appointed shall not visit the property until a fresh decision is taken on the matter. The writ petition is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-