IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 25TH JUNE 2008 / 4TH ASHADHA 1930 WP(C).No. 19172 of 2008(G) -------------------------- AGAINST THE ORDER IN EP 479/2003 IN OS.290/2000 OF PRINCIPAL SUB COURT,PARAVUR .................... PETITIONER: ------------ SASIDHARAN, AGED 53, S/O. SREEDHARAN, MANAPARAMBIL HOUSE, NANDHYATTUKUNNAM MURI, PARAVUR TALUK. BY ADV. SRI.P.K.SAJEEV RESPONDENTS: ------------- 1. CATHOLIC SYRIAN BANK, PALLUPURAM BRANCH, REP. BY ITS MANAGER. 2. JOSEPH, S/O. EARNEST, KAREKKAT HOUSE, MUNAMBAM MURI, KUZHUPPILLY VILLAGE, KOCHI TALUK. 3. MARY, W/O. EARNEST, KAREKKAT HOUSE, MUNAMBAM MURI, KUZHUPPILLY VILLAGE, KOCHI TALUK. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M. SASIDHARAN NAMBIAR, J. ------------------------------------------ W.P(C). NO. 19172 OF 2008 ------------------------------------------ Dated this the 25th day of June, 2008 JUDGMENT Petitioner is the claim petitioner in E.A. 619 of 2007 in E.P. 479 of 2003 in O.S. 290 of 2000. He filed Ext.P5 petition (E.A. 1138 of 2007) to appoint a commission to find out whether the property claimed by him in the petition is in his possession and also whether it is the property covered under the document claimed by him. This petition is filed under Article 227 of Constitution of India for a direction to the Sub Court to record evidence in the claim petition only after passing orders in Ext.P5 petition. 2. Learned counsel appearing for petitioner was heard. 3. The argument of the learned counsel appearing for petitioner is that in view of Ext.P4 counter affidavit appointment of commission is necessary and, therefore, before recording the evidence learned Sub Judge WPC19172/08 2 is to be directed to pass orders in E.A. 1138 of 2007. 4. On hearing the learned counsel I do not find it necessary to give any direction as sought for. It is for the learned Sub Judge to decide whether a commission is to be appointed as sought for in E.A.1138 of 2007. Learned Sub Judge is to pass appropriate order in E.A. 1138 of 2007 in accordance with law. Petitioner is not entitled to insist that evidence could be recorded only after disposing E.A. 1138 of 2007. Learned Sub Judge is to dispose of Ext.P5 application before disposal of claim petition. Writ petition is disposed of as above. M. SASIDHARAN NAMBIAR, JUDGE Okb/-