IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 14TH OCTOBER 2008 / 22ND ASWINA 1930 WP(C).No. 30146 of 2008(L) -------------------------- OS.755/2000 of MUNSIFF COURT, THIRUVALLA .................... PETITIONER: --------------------- YOHANNAN, AGED 55 YEARS, S/O LATE ALLESH, CHALAKKARA PUTHEN VEEDU, KUTTOOR VILLAGE, THIRUVALLA TALUK, PATHANAMTHITTA DISTRICT. BY ADV. SRI.R.SANTHOSH BABU RESPONDENTS: ------------------------ 1. RAMAKRISHNAN, AGED 75 YEARS, S/O KUTTY, VALLIOTTU PALLATHU VEEDU, KUTTOOR VILLAGE, THIRUVALLA. 2. THOMAS ALLESH, CHALAKKARA PUTHEN VEEDU, KUTTOOR VILLAGE, THIRUVALLA TALUK. 3. JOSEPH ALLESH, CHALAKKARA PUTHEN VEEDU, DO....DO..... 4. ANTONY, OF DO.... 5. PAPPAN, CHALUVELIL HOUSE, DO.... 6. KUNJUNJAMMA, OF DO...... 7. PARVATHI NARAYANAN ACHARI, CHALAKKARA KIZHAKKETHIL HOUSE, KUTTOOR VILLAGE, THIRUVALLA TALUK. 8. GOPALAN ACHARI, DO....DO.... 9. CHELLAPPAN ACHARI, OF DO..... THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss M.N. KRISHNAN, J -------------------------- W.P.(C) No. 30146 OF 2008 -------------------------------------------- Dated this the 14th day of October, 2008 J U D G M E N T This writ petition is filed for a direction to the Munsiff Thiruvalla to consider I.A. 2485/07 before proceeding with the trial of the case. It is an application filed for setting aside the Commissioner's plan and report. When such an application is filed it is imperative on the part of the court to consider that application and pass orders so that any party aggrieved may be able to ventelate his grievance in the appropriate forum. It is not proper to include the case in the list when an application for setting aside the Commissioner's plan and report is pending. Therefore I direct the Munsiff, Thiruvalla to consider I.A. 2485/07 in O.S. 755/2000 and pass appropriate orders after permitting both parties to adduce evidence in the said matter. Till the disposal of the said I.A the learned Munsiff is directed not to proceed with the trial of the case. Writ Petition is disposed of accordingly. M.N. KRISHNAN, JUDGE vkm