IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 13TH OCTOBER 2008 / 21ST ASWINA 1930 RP.No. 1032 of 2008() -------------------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.5173/2008 Dated 13/02/2008 .................... PETITIONERS: RESPONDENTS --------------------- 1. NAGARAJAN, AGED 45 YEARS, S/O.MARIAPPAN, NITHYA BHAVAN, POOPARAKARA POOPPARA VILLAGE. 2. ABDUL REHMAN, AGED 58, S/O.MOIDEEN, AYKKATTU HOUSE, POOPARAKARA, POOPPARA VILLAGE. BY ADV. SRI.S.SACHITHANANDA PAI RESPONDENT: PETITIONER --------------------- SABU, AGED 40 YEARS, S/O.PAULOSE, THELAKKATTU HOUSE, POOPPARAKARA, POOPPARA VILLAGE THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON 13/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J ===================== R.P. No.1032 OF 2008 in WP(C)No.5173/2008 ===================== Dated this the 13th day of October 2008 O R D E R This review petition is filed to review the judgment of this Court dated 13.2.2008 in W.P.(C)No.5173/208. It was a writ petition filed against the order of the Sub Court, Kattappana in O.S.No.64 of 2001. This Court directed the Commissioner to measure the property in accordance with the title deed of the plaintiff. There is a re-survey plan available and it is not possible to find from the Commissioner's report how he had conducted the measurements of the property with reference to the title deed. What this Court has directed is only to measure the property with reference to the title deed and then finally decide which will prevail and this will not cause any prejudice to any of the parties and the only task for the court is to determine which will prevail and that can be done only when both the measurements are taken and plan is prepared and submitted before the court. Therefore I do not find any ground to review the judgment. Therefore review petition is dismissed. I make it further clear that if defendants want the property to be RP 1032/2008 -:2:- measured in any other fashion they may request the court by virtue of a work memo and it can also be directed to be noted by the Commissioner. Needless to say that if old survey records are not available the property cannot be measured with reference to the same. R.P. is disposed of accordingly. M.N.KRISHNAN, JUDGE Cdp/-