IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 27TH MAY 2010 / 6TH JYAISHTA 1932 WP(C).No. 16261 of 2010(O) -------------------------- OS.96/2006 of MUSNIFF COURT,ADOOR .................... PETITIONER(S): DEFENDANT ------------------------ VARGHESE, S/O. JOHN, AGED 72 YEARS, KADATHETHU BUNGLOW, NADUVILEMURI, PANTHALAM THEKKEKARA VILLAGE. BY ADV. SRI.BECHU KURIAN THOMAS SRI.ROSHEN.D.ALEXANDER RESPONDENT(S): PLAINTIFF ------------------------ GEORGE, S/O. JOHN, KADATHETHU VEEDU, NADUVILEMURI, PANTHALAM THEKKEKARA VILLAGE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.BHAVADASAN, J. ------------------------------------- WP(C) No.16261 of 2010 ------------------------------------- Dated 27th May 2010 Judgment The petitioner is the defendant in OS No.96/2006 before the Munsiff's Court, Adoor filed by the respondent herein for fixation of boundary. He resisted the suit, contending that soon after the settlement deed, the respective properties of the parties were separated by clear boundary and there exists a boundary wall, separating the plaint schedule properties. 2. An Advocate Commission was taken out and the Commissioner filed a report and plan. The Court below remitted the Commissioner's report for ascertaining certain details. The Commissioner filed an interim memo, pointing out that he needs the assistance of experts. The petitioner herein was asked to furnish the names of experts. There was some delay WPC 16261/10 2 on the part of the petitioner in furnishing the names of experts. So, he moved an advance petition as the case was posted for trial to 03.06.2010. That petition was dismissed. So, the petitioner apprehends that without ascertaining the details for which the Commissioner's report was remitted, if the suit is tried, it may prejudice him. In the above circumstances, he approached this Court, seeking appropriate reliefs. 3. There seems to be some substance in the grievance raised by the writ petitioner. Accordingly, the Writ Petition is disposed of ordering that the suit shall be listed for trial only after the Commissioner files the report within a reasonable time limit to be specified by the Court incorporating the details for which the report was remitted. P.BHAVADASAN, JUDGE Issue copy today itself. WPC 16261/10 3 sta Issue copy today itself. WPC 16261/10 4