IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 9TH MARCH 2011 / 18TH PHALGUNA 1932 OP(C).No. 143 of 2011(O) OS.59/1987 OF MUNSIFF'S COURT, PAYYANNUR PETITIONER P.V.UNNIKRISHNAN NAMBIAR S/O.HAREENDRAN THIRUMUMBU,AGED 83 YEARS, RESIDING AT ARAVANCHAL, P.O.ARAVANCHAL, TALIPARAMBA TALUK,KANNUR DISTRICT BY ADV. SRI.M.V.AMARESAN RESPONDENTS : 1. SUMA, AGED 53 YEARS, D/O.KUNHIRAMA PODUVAL, KANKOLE AMSOM DESOM,PAYYANNUR P.O, TALIPARAMBA TALUK, KANNUR-670307 2. ARIYATH KOROTH BALACHANDRAN, AGED 69 YEARS,S/O.NARAYANAN NAMBIAR KANKOLE AMSOM DESOM,PAYYANNUR P.O, TALIPARAMBA TALUK, KANNUR-670307 3. ARIYATH KOROTH RAJAN, AGED 63 YEARS, S/O.NARAYANAN NAMBIAR, KANKOLE AMSOM DESOM,PAYYANNUR P.O, TALIPARAMBA TALUK, KANNUR-670307 4. ARIYATH KOROTH RAJALAKSHMI AMMA AGED 78 YEARS, MUNDAKKAL HOUSE, OMANOOR P.O.,VAZHAKKAD VIA, MALAPPURAM,PIN-670302 5. ARIYATH KOROTH JANAKI AMMA, AGED 76 YEARS, PERALAM AMSOM,PUTHUR DESOM P.O.KOZHUMMAL,KANNUR,PIN-670305 6. GOURI AMMA, AGED 70 YEARS, KARIYAL HOUSE, PARAMPOYIL, MATTINOOR P.O.,KANNUR, PIN-670303 7. BHARGAVI AMMA, D/O.NARAYANAN NAMBIAR, AGED 65 YEARS,KANKOLE AMSOM DESOM, P.O.PAYYANNUR KANNUR-670307 OP(C).No. 143 of 2011(O) :: 2 :: 8. RAMANI, D/O.NARAYANAN NAMBIAR, KANKOLE AMSOM DESOM,P.O.PAYYANNUR, KANNUR, PIN-670307 9. NARAYANAN, AGED 54 YEARS,KANKOLE AMSOM DESOM, P.O.PAYYANNUR, KANNUR,PIN-670307 BY ADV. SRI.O.RAMACHANDRAN NAMBIAR SRI.GEEN T.MATHEW THIS OP (CIVIL) HAVING BEEN FINALLY HEARD ON 09/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF PLAINT IN O.S.NO.59/1987 ON THE FILE OF THE MUNSIFF'S COURT, PAYYANNUR. EXT.P2 TRUE COPY OF PLAINT IN O.S.NO.156/1987 ON THE FILE OF MUNSIFF'S COURT, PAYYANNUR. EXT.P3 TRUE COPY OF REPORT FILED BY THE COMMISSIONER IN O.S.NO.59/1987. EXT.P4 TRUE COPY OF COMMON JUDGMENT ON 21.7.2010 PASSED BY THIS COURT IN S.A.NO.656 OF 1997. EXT.P5 TRUE COPY OF AFFIDAVIT IN I.A.NO.10/11 IN O.S.NO.59/1987 DATED 1.1.2011. EXT.P6 TRUE COPY OF ORDER IN I.A.NO.10/2011 IN O.S.NO.59/87 PASSED BY MUNSIFF'S COURT, PAYYANNUR, DATED 1.1.2011. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// AHZ/ K.T.SANKARAN, J. ------------------------------------------------------ O.P.(C). NO. 143 OF 2011 O ------------------------------------------------------ Dated this the 9th day of March, 2011 JUDGMENT I.A.No.10 of 2011 in O.S.No.59 of 1987, Munsiff's Court, Payyannur, filed by the petitioner/third plaintiff for remitting the Commissioner's report was dismissed by the court below by the order dated 1.1.2011, which is under challenge in this Original Petition. The reason for dismissal of the application is that the case was remanded by the High Court and sufficient opportunity was given to all the parties to take steps. The suit was finally listed for trial and the application was moved on the date on which the case was posted for trial. The purpose of remittal of the Commissioner's report is to submit a report and plan showing the present condition of the plaint schedule property. An allegation was made that defendant No.6 trespassed into a part of the plaint schedule property, which was used as a school play ground, and he made permanent construction therein. 2. No prejudice would be caused if an inspection is made by O.P.(C) NO.143 OF 2011 :: 2 :: the Commissioner. It is true that the petitioner was guilty of laches. It is also true that the application was filed on the date on which the suit was listed for trial. The inconvenience caused to the opposite party can be compensated in terms of costs. Accordingly, the Original Petition is allowed. The order in I.A.No.10 of 2011 passed by the court below is set aside and I.A.No.10 of 2011 is allowed, on condition that the petitioner shall pay a sum of Rupees Five hundred as costs to the contesting defendant within a period of one month. If the petitioner fails to pay the costs, I.A.No.10 of 2011 shall stand dismissed and the Original Petition shall also be treated as dismissed. (K.T.SANKARAN) Judge ahz/