IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 22ND FEBRUARY 2008 / 3RD PHALGUNA 1929 WP(C).No. 6276 of 2008(V) --------------------------------- (AGAINST THE ORDER DT. 24/10/2007 PASED IN IA NO. 1839/2007 IN O.S. NO. 328/1997 ON THE FILE OF THE MUNSIFF COURT, CHITTUR) PETITIONER: RESPONDENT/PLAINTIFF ------------------------------------------------------- UNNIKRISHNAN, S/O.APPU, KALAYAMKOLUMBIL HOUSE, NALLEPPILLY VILLAGE, CHITTUR TALUK, PALAKKAD DISTRICT. BY ADV. SRI.SAJAN VARGHEESE K. RESPONDENTS: DEFENDANTS NO. 2 & 3 ----------------------------------------------------------- 1. ARUNACHALA MUTHALIAR, S/O.ARUCHAMY MUTHALIAR, ANDITHARA, NALLEPPILLY VILLAGE, NALLEPPILLY POST, CHITTUR TALUK, PALAKKAD DIST. 2. VELAYUDHA MUTHALIAR, S/O.KATHAN MUTHALIAR, DO. DO. BY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = W.P.C. NO. 6276 OF 2008 = = = = = = = = = = = = = = = Dated this the 22nd day of February, 2008. J U D G M E N T This writ petition is filed with a prayer to expunge the following observation of the Court below in I.A.1839/07 in O.S.328/97 which reads as follows: “As per re-survey records the whole of the property is in the name of the defendants. As per re-survey records, the disputed well and the surrounding land is included in the property of the defendants. The defendants can make use of it if it is in any way beneficial to them.” 2. It is submitted that this observation made by the Court below in a petition where the prayer is to measure the property on the basis of re-survey records is quite unwarranted and will detrimentally affect the contention of the plaintiffs in the suit. The learned counsel had also taken me through the Commissioner's evidence wherein he has stated that he has not measured the property in accordance with the resurvey. W.P.C 6276 OF 2008 -:2:- I feel it was not necessary for the Court to make the observation regarding the re-survey records in a petition where the prayer itself was to measure the property in accordance with the re-survey records. It appears as if the Court without even making any enquiry into the correctness of the same has upheld the same and had granted permission to the defendants to make use of the said records. It was quite unwarranted in a petition where the whole subject matter was to measure the property in accordance with the re-survey records. Therefore though I am not expunging the said sentence I make it clear that the said observation in the judgment shall not have a binding effect on the subject matter of the suit and the Court has to consider the validity of those records after adducing of evidence by both sides in accordance with law. With this observation the writ petition is disposed of. M.N. KRISHNAN, JUDGE. ul/-