IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 13TH AUGUST 2008 / 22ND SRAVANA 1930 WP(C).No. 24003 of 2008(G) -------------------------- OS.60/2007 of II ADDL.SUB COURT,ERNAKULAM .................... PETITIONER: ------------ NADARSHAH.K.H, S/O. HASSAINAR, KIZHAKKEKARA HOUSE, VATTEKKUNNAM, EDAPALLY NORTH, COCHIN-24. BY ADV. SRI.DINESH R.SHENOY SRI.ROY MATHEW RESPONDENT: ------------- ASHRAF.K.H, S/O. HASSAINAR, KIZHAKKEKARA H0USE, VATTEKKUNNAM, EDAPPALLY NORTH, COCHIN-24. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. =========================== W.P.(C) NO.24003 OF 2008 =========================== Dated this the 13th day of August, 2008 JUDGMENT This petition is filed under Article 227 of Constitution of India to set aside Ext.P11 order passed by Sub Court, Ernakulam in I.A.1073/2008 in O.S.60/2007. Respondent is the plaintiff. I.A.1073/2008 was filed by the petitioner to set aside the report submitted by the Commissioner. Learned Sub Judge on considering the relevant facts dismissed the application. The argument of the learned counsel appearing for petitioner is that learned Sub Judge should have set aside the report as sought for especially when the report submitted by the Commissioner in the connected suit shows the existence of a way which is reported by the Commissioner in this case as recently made. 2. On hearing the learned counsel, I do not find any illegality or irregularity warranting interference in Ext.P11 order. Petitioner is W.P.(C)24003/2008 2 entitled to challenge Ext.P11 order along with the final order, if it goes against him. Petitioner is also entitled to adduce evidence in support of the objection, including the correctness of the report. Writ Petition is dismissed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006